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Agenda 10/08/2024 Item # 2A (9/10/24 BCC Minutes)
September 10 , 2024 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 10, 2024 LET IT BE REMEMBERED that the Board of County ALSO PRESENT: Chris Hall Rick Locastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders Amy Patterson, County Manager Jeffrey A. Klatzkow, County Attorney Derek Johnssen, Clerk's Office Troy Miller, Communications & Customer Relations Page 1 Page 11 of 3899 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 10, 2024 9:00 AM Commissioner Chris Hall, District 2; -Chair Commissioner Burt Saunders, District 3; -Vice Chair Commissioner Rick Locastro, District 1 Commissioner Dan Kowal, District 4; -CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; -CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIR. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIR. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD'S APPROVAL OF THE DAY'S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 1 September 10 , 2024 Page 12 of 3899 ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA, AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIR. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIR. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIR'S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED Page 2 September 10, 2024 Page 13 of 3899 LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor Tracy Boyd -Grow Church 2. AGENDA AND MINUTES A. Approval of today's regular , consent and summary agenda as amended (Ex parte disclosure provided by Commission members for consent agenda .) 3. A WARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating September 22, 2024 , as Falls Prevention Awareness Day in Collier County. To be accepted by Dr. Maria Alfaro , Trauma Medical Director. B. Proclamation designating September 2024 as Hunger Action Month in Collier County. To be accepted by Richard LeBer, President & CEO. C. Proclamation designating September 13, 2024, as YMCA Safety Around Water Day in Collier County. To be accepted by Lucinda Love-Abounader, President and CEO of the YMCA of Collier County . 5. PRESENTATIONS Page 3 September 10, 2024 Page 14 of 3899 A. Artist of the Month B. Presentation of the Collier County Business of the Quarter for September 2024 to Lighthouse of Collier County. The award will be accepted by representatives of the rehabilitation center. Also attending are Kristina Park, CEO & President, and Bethany Sawyer, Vice President of Membership and Investors, both of the Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. This Item to be heard at 10 AM. Recommendation to adopt the attached Resolution in opposition to Amendment 3 titled as Adult Personal Use of Marijuana, which if enacted would amend the Florida Constitution to legalize recreational marijuana in Florida. (All Districts) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve award of Request for Professional Services No. 23-8071, "Design Services for Bridges within the Golden Gate Estates" with AtkinRealis USA, Inc., in the amount of $5,389,565.01, and authorize the Chairman to sign the attached Professional Services Agreement (Project 60212). (Jay Ahmad, TECM Director) (District 5) B. Recommendation to direct the County Attorney, working with staff, to take legal action, as necessary, including filing a lawsuit or code enforcement case with respect to the painting on the Ascent Naples building to ensure compliance with County codes, located at 1950 Mayfair Street, near the intersection of Davis Boulevard and Tamiami Trail East, within the Bayshore/Gateway Triangle CRA. (Amy Patterson, County Manager and Jeffrey A. Klatzkow, County Attorney) (District 4) Page 4 September 10, 2024 Page 15 of 3899 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public Comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting B. Staff Project Updates C. Staff and Commission General Communications 16. CONSENT AGENDA -All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement for Bonita Bay East Golf Club, PL20240001277. (District 3) 2) Recommendation to approve final acceptance of the sewer utility facilities for Hammock Park -Phase 3, PL20240005 317. (District 1) 3) This Item requires that Ex-parte disclosure be provided by Page 5 September 10, 2024 Page 16 of 3899 Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Caymas Rep lat Lots 131- 181, Application Number PL20240007976. (District 1) 4) Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the IO-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (PL20230007642) (District 3) 5) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $42,880, which was posted as a guaranty for companion Excavation Permit PL20200002297, for work associated with the Majestic Place PPL, PL20190001615. (District 1) 6) Recommendation to direct staff to advertise an Ordinance amending Article IV, Section 22 -110, "Excavation Review Procedures," of the Code of Laws and Ordinances of Collier County and bring back the ordinance at an advertised public hearing. (All Districts) 7) Recommendation to direct staff to advertise an Ordinance amending Ordinance 2023-64, which adopted the Florida Building Code, Eighth Edition (2023), by adding certain amendments and bring back the Ordinance at an advertised public hearing. (All Districts) 8) Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Cinda Lu Cassity for a 1.59-acre parcel at a cost of $46, 11 0; 2) Hollister A. Dinwiddie, as a Trustee of the Amended and Restated James F. Dinwiddie Revocable Trust ("Dinwiddie Trust") for a 1.14- acre parcel at a cost of $33,060; 3) James Catania and Stephanie Avidano for a 1.14-acre parcel at a cost of $30,320; and 4) with Gerald W. Erickson for a 1.14-acre parcel at a cost of $24,910, for a total cost not to exceed $140,600 inclusive of closing costs. (District 5) Page 6 September 10, 2024 Page 17 of 3899 9) Recommendation for the Board of County Commissioners to review and approve the proposed Temporary Use (Special Event) Permit for the Legends Concert Series proposed for the Paradise Coast Sports Complex from November 1, 2024, through May 2, 2025, located at 3920 City Gate Blvd S. Naples, FL 34117, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [PL20240009788] (District 1, District 3, District 5) 10) Recommendation to approve the release of two code enforcement liens with an accrued value of $65,100, for a reduced payment of $8,725, in the code enforcement action titled Board of County Commissioners vs. Jeffrey M. Stone and Kelsey Edwards, relating to property located at 46 Moon Bay St., Collier County, Florida. (District 1) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are now in a passable condition, add roadways that have since been deemed impassable by the independent fire districts and remove the 1.0000 mil cap of the ad valorem millage rate. (District 1, District 3, District 5) 2) This Item continued from the August 27, 2024, BCC Meeting. Recommendation to approve an Agreement for the purchase of an unimproved tract of land (Parcel 154FEE) required for the Lake Kelly Weir Stormwater Project (Project No. 50310). Estimated Fiscal Impact: $222,000. (District 4) 3) Recommendation to approve an after-the-fact payment in the amount of $15,066.59 to Coastal Concrete Products, LLC, d/b/a Coastal Site Development, for the completed "Palmetto Dunes Stormwater Management Improvements" project under Agreement No. 20-7800, "Underground Contractor Services". (Project Number 60224). (All Districts) 4) Recommendation to award Invitation to Bid ("ITB") No. 24-8234, "Collier County Dune Restoration Planting -2024," to EarthBalance Page 7 September 10, 2024 Page 18 of 3899 Corporation in the amount of $1,284,920.45, authorize the Chairman to sign the Agreement, and make a finding that this item promotes tourism. (Project 33870) (District 4) 5) Recommendation to award Construction Invitation to Bid ("ITB") No. 24-8218, "Everglades Boulevard at 43rd Ave. NE Intersection Improvements," to Quality Enterprises USA, Inc., in the amount of $3,224,803.16, provide for an Owner's Allowance of $100,000.00 for potential unforeseen conditions, and that the Board authorizes the Chair to sign the attached Agreement and authorize the necessary Budget Amendment. (Project 60256) (District 5) 6) Recommendation to approve Change Order No. 1 for the "Carson Road Stormwater Treatment Area" under Agreement No. 23-8114 with Quality Enterprises USA, Inc., to utilize $9,798.30 of the Owner's Allowance to address new South Florida Water Management District permit requirements, and authorize the Chairman to sign the attached Change Order. (Project Number 60143) (District 5) 7) Recommendation to award Invitation to Bid ("ITB") No. 24-8240, "Florikan CRF with GAL-Xe One Fertilizers," to Howard Fertilizer & Chemical Company, LLC, and authorize staff to open standard County purchase orders. (All Districts) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Invitation to Bid ("ITB") No. 24-8239, "Rehabilitation of Pump Station 309 .18" to Andrew Site Work, LLC, in the amount of $1,253,850, approve an Owner's Allowance of $100,000, and authorize the Chairman to sign the attached Agreement. (Project Number 70240) (District 4) 2) Recommendation to award Invitation to Bid ("ITB") No. 24-8235, "South County Water Reclamation Facility (SCWRF) Aeration Basins Diffuser System Replacement Phase 1," to Razorback, LLC, in the amount of $1,249,340, approve the Owner's Allowance of $124,934, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendments. (Project Number 70148). (District 1) Page 8 September 10, 2024 Page 19 of 3899 D. PUBLIC SERVICES 1) 2) This Item continued from the August 13, 2024, BCC Meeting. Recommendation to authorize an exemption from the competitive process for purchases from OCLC, Inc., for the acquisition of subscription services to cloudLibrary™ and interlibrary loan services in an amount not to exceed $600,000 per Fiscal Year, as budgeted, through FY 2025. (All Districts) This Item continued from the August 13, 2024, BCC Meeting. Recommendation to authorize an exemption from the competitive process for a subscription to the Hoopla digital service from Midwest Tape, LLC., for Library patron use, effective October 1, 2024, through September 30, 2025, in an amount not to exceed $400,000 per Fiscal Year. (All Districts) 3) Recommendation to approve and authorize the Chairman to sign six (6) U.S. Housing and Urban Development Community Development Block Grant Subrecipient Grant Agreements between Collier County and the following entities to support infrastructure and public service activities: (1) Collier County Community Redevelopment Agency (Immokalee) ($1,001,371) (Companion to item 16Ll); (2) Immokalee Water and Sewer ($1,263,008); (3) Sunrise Community ($139,000); (4) Housing Development Corporation Inc., d/b/a HELP ($117,195); (5) Pathways Early Education Center ($75,000), (6) Baker Senior Center Naples ($55,000). (Housing Grant Fund 1835) (All Districts) 4) Recommendation to approve and authorize the Chairman to sign a Community Development Block Grant Subrecipient Agreement #PS22-05 between Collier County and Housing Development Corporation Inc., d/b/a HELP in the amount of $69,000 for housing and financial counseling services. (Grant Fund 1835, CDBG Project 33823) (All Districts) 5) Recommendation to approve the electronic submittal of the Retired and Senior Volunteer Program 2025-2026 Continuation Application to AmeriCorps Seniors in the amount of $107,150 and allow the County Manager or their designee to serve as the authorized representative for the grantor's electronic submission system, eGrants, Page 9 September 10, 2024 Page 20 of 3899 throughout the grant period. (Housing Grant Fund 1835 and Housing Match Fund 1836) (All Districts) 6) Recommendation to approve Services for Seniors, after-the-fact First Amendment (OAA 203.24.01) of the FY24 Older Americans Act Title III with the Area Agency on Aging of Southwest Florida, Inc., to increase the contract amount by $1,362,231.23 and authorize the necessary Budget Amendments. (Human Services Grant Fund 183 7) (District 1) 7) Recommendation to approve the State Housing Initiatives Partnership Program Annual Report and authorize the County Manager, or her designee, to sign the Local Housing Incentive Certification for closeout Fiscal Year 2021/2022, interim for Fiscal Year 2022/2023, and authorize the electronic submission to the Florida Housing Finance Corporation to ensure compliance with program requirements. (SHIP Grant Fund 1053) (All Districts) 8) Recommendation to accept and recognize restricted donations from various donors in the amount of $5,000.29 for the benefit of the Collier County Public Library and to authorize the necessary Budget Amendments. (All Districts) 9) Recommendation to approve three (3) "After-the-Fact" agreements and attestation statements between Collier County and the Area Agency on Aging for Southwest Florida, Inc., for the Community Care for the Elderly CCE #HC024 203.24, Alzheimer's Disease Initiative #HZ024 ADI 203.24, and Home Care for the Elderly #HH024 HCE 203.24 grant programs in support of the Collier County Services for Seniors Program and authorize the necessary Budget Amendments in the amount of $393,007.26 to ensure continuous funding for FY2024/2025. (Human Services Grant Fund 1837) (All Districts) 10) Recommendation to approve and authorize the Chairman to sign the Emergency Solutions Grant Subrecipient Agreement #ES24-01 between the Collier County Board of County Commissioners and The Shelter for Abused Women & Children, Inc., to support Shelter Operations and Personnel Salaries in the amount of $117,401. Page 10 September 10, 2024 Page 21 of 3899 (Housing Grant Fund 1835, Project 33917) (All Districts) 11) Recommendation to approve a Resolution to authorize continued participation in the Local Provider Participation Fund for the Directed Payment Program and Graduate Medical Education Program, which will be solely funded by assessments on Collier County hospital- owned property or property used as a hospital in an amount not to exceed $12,654,900, and authorize the County Manager to sign the Directed Provider Payment Letter of Agreement in the amount of $10,141,128 and the forthcoming Graduate Medical Education Program Letter of Agreement in an estimated amount of $2,786,495 with the Agency for Health Care Administration for an estimated total not to exceed $13,194,849 and authorize the necessary Budget Amendments. (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to authorize the County Manager or designee to sign agreements and make purchases associated with the procurement of goods or services from vendors who have been awarded a contract, as a result of a competitive selection process, by a federal, state, or municipal government, or any other governmental agency, political subdivision, or government-related association provided that the originating entity utilized a competitive process similar to Collier County's. In addition to the agencies and political subdivisions identified above, the County Manager or designee is authorized to utilize cooperative agreements available from OMNIA Partners, NASPO ValuePoint, HGACBuy, and Sourcewell for efficient purchasing with no further action by the Board if the operating divisions have budgeted for the goods and/or services. (All Districts) 2) Recommendation to authorize the Chairman to sign a Memorandum of Agreement between the Florida Division of Emergency Management and Collier County to accept and house a retired travel trailer for temporary responder crew quarters following or in support of a disaster response or emergency. (All Districts) 3) Recommendation to approve the purchase of excess workers' compensation insurance for Fiscal Year 2025 with Arch Insurance Page 11 September 10, 2024 Page 22 of 3899 Company, in the estimated annual amount of $253,229. (All Districts) 4) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property that is no longer viable and remove capital assets from the County's records. (All Districts) 5) Recommendation to approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to Stantec Consulting Services, Inc., concerning Professional Services Library Agreement Nos. 18- 7432-CE, 18-7432-UP, 18-7432-UC, 18-7432-EV, and 18-7432-RB. (All Districts) 6) Recommendation to approve the purchase of liability, automobile, cyber, and other miscellaneous insurance coverage for Fiscal Year 2025 in the estimated premium of $1,116,001.99. (All Districts) 7) Recommendation to approve the administrative report prepared by the Procurement Services Division for various County Divisions' after- the-fact purchases requiring Board approval in accordance with Procurement Ordinance 2017-08, as amended, and the Procurement Manual in the amount of $9,439.37. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the issuance of a Purchase Order, as modified by Non-Standard Agreement# 24-021-NS, for an expenditure in the amount of $163,858.75 for a sole source purchase to upgrade an existing service plan to a worry-free service plan from Zoll Medical Corporation for a period of two years. (All Districts) 2) Recommendation to adopt a resolution authorizing the removal of 7,715 ambulance service accounts and their respective uncollectible accounts receivable balances which total $5,057,848.03, from the accounts receivable of Collier County Fund 4050000000 (Emergency Medical Services) finding diligent efforts to collect have been exhausted and proved unsuccessful. (All Districts) 3) Recommendation to approve and authorize the Chairman to execute Page 12 September 10, 2024 Page 23 of 3899 two Agreements on behalf of Collier County with David Lawrence Mental Health Center, Inc., and Collier Health Services, Inc., d/b/a Healthcare Network regarding treatment of Opioid Use Disorder for Collier County Emergency Medical Services to work cooperatively with these agencies to provide timely access to education, prevention, and Medication-Assisted-Treatment (MAT) (All Districts) 4) Recommendation to approve an after-the-fact payment to Miles Partnership, LLLP, for web enhancement projects in the total amount of $35,151 and make a finding that the expenditure promotes tourism. (All Districts) 5) Recommendation to approve an after-the-fact payment in the amount of $188,861.73 to Advanced Roofing, Inc., for the Growth Management Community Development Department ("GMCDD") Annex and Stair Tower Roofs project under Agreement No. 19-7539, Roofing Replacement Contractors, and find this expenditure has a valid public purpose. (District 4) 6) Recommendation to approve an after-the-fact payment in the amount of $93,403.45 to Advance Roofing, Inc., for the Collier County Sheriff's Office Building J2 Roofing Replacement project under Agreement No. 19-7539, Roofing Replacement Contractors, and find this expenditure has a valid public purpose. (District 4) 7) Recommendation to ratify Change Order No. 8, adding ten days to the Substantial Completion date and utilizing $42,329.74 of the Owner's Allowance for Purchase Order No. 4500229878, under Agreement No. 21-7883-ST with O-A-K/Florida, Inc., d/b/a Owen-Ames-Kimball Company, for the Main Campus Upgrades, and authorize the Chairman to sign the attached Change Orders. (Project No. 50214) (District 4) 8) Recommendation to authorize Budget Amendments appropriating approximately $1,711,784,500 of unspent FY 2024 capital project and grant budgets into fiscal year 2025. (All Districts) 9) Recommendation to adopt a Resolution approving amendments ( appropriating grants, donations, contributions, or insurance proceeds) Page 13 September 10, 2024 Page 24 of 3899 to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating September 2024, as Payroll Awareness Month in Collier County. The proclamation will be hand delivered to Crystal Kinzel , Clerk of the Circuit Court and Comptroller. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number ( or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of $33,838,579.00 were drawn for the periods between August 15, 2024, and August 28, 2024 , pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of September 04, 2024. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint Cindy Carroll to the Historic / Archaeological Preservation Board (All Districts) 2) Recommendation to appoint Michael Petscher as a member to the Collier County Planning Commission, representing Commission District 5. (District 5) 3) Recommendation to authorize a representative of the County Attorney's Office to bid on behalf of the County at one code Page 14 September 10, 2024 Page 25 of 3899 enforcement lien foreclosure sale scheduled by the Clerk in COLLIER COUNTY, FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court Case No. 23-CA-3392, in an amount not to exceed the value of the County's foreclosed lien interest (approximately $235,029 .65). (All Districts) 4) Recommendation that the Board declines to authorize the application for tax deeds for nine (9) County-held tax certificates. (All Districts) 5) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Arnold Burchianti and Gloria Burchianti v . Collier County Board of Commissioners (Case No. 23-CA-2254), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $30,000 . (All Districts) 6) Recommendation to approve a Stipulated Final Judgment to settle final compensation for the taking of Parcel 333RDUE, in the amount of $6,000, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (All Districts) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), approve a Subrecipient Agreement for Community Development Block Grant (CDBG) funds in the amount of $1,001,371 for the construction of the First Street Corridor Pedestrian Safety Improvement Project in Immokalee, authorize the Chairman of the CRA to sign the Subrecipient Agreement, and authorize necessary budgets amendments (Project 33831). (Companion to item 16D3) (District 5) 2) Recommendation that the Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), authorize four members of the Bayshore Gateway Triangle Local Redevelopment Advisory Board, one member of the Bayshore Page 15 September 10, 2024 Page 26 of 3899 Beautification Municipal Service Taxing Unit Advisory Committee, four members of the Immokalee Local Redevelopment Advisory Board, and one member of the Immokalee Beautification Municipal Service Taxing Unit Advisory Committee to attend the Florida Redevelopment Association 2024 Annual Conference; authorize payment of the associated registration, lodging, travel and per diem costs from the CRA Trust Funds (Funds 1020/1025); and declare the training received by the Board members as serving a valid public purpose. (District 4, District 5) 3) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency, authorize necessary budget amendments to recognize carryforward in Bayshore CRA Fund (1020) and Immokalee CRA Fund ( 1025), transfer those moneys along with reserve balances into Bayshore CRA Capital Fund (1021) and Immokalee CRA Capital Fund (1026), and appropriate those funds into specific projects pursuant to the Community Redevelopment Plan. (District 4, District 5) 17. SUMMARY AGENDA -This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bee meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls, and adopting same as the non-ad valorem assessment rolls for the purpose of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, the City of Marco Island, Page 16 September 10, 2024 Page 27 of 3899 and the City of Everglades City, pursuant to Collier County Ordinance 2005- 54, as amended. Revenues are anticipated to be $36,088,800. (All Districts) B. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for Elanto at Naples RPUD to allow up to 309 horizontal multifamily dwelling units, subject to an Affordable Housing Density Bonus Agreement to provide 10% of the units (31 units) for households earning up to and including 50% of the County's Area Median Income (AMI), on 51.83± acres of property located approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East, within Section 18, Township 51 South, Range 27 East, Collier County, Florida. (PL20220005665) (District 1) C. Recommendation to adopt the Consolidated Waterways and Beaches Ordinance that repeals, consolidates, and supersedes existing ordinances relating to the regulation of and conduct on Collier County waterways and beaches. (All Districts) D. This Item requires the Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the Immokalee One-Stop MPUD to allow construction of a maximum of 40,000 s.f. of gross floor area of limited commercial land uses and up to 61 multi-family residential dwelling units on 3.84± acres of property located at 750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East; and by providing an effective date. [PL20230017241] (District 5) E. Recommendation to approve a Resolution amending the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to staff- initiated reformatting and specifically amending the Future Land Use Element and maps; the Golden Gate City Sub-Element of the Golden Gate Area Master Plan Element and maps; the Urban Golden Gate Estates Sub- Element of the Golden Gate Area Master Plan Element and maps; the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element and maps; the Immokalee Area Master Plan Element and maps; the Conservation and Coastal Management Element; the Potable Water Sub- Page 17 September 10, 2024 Page 28 of 3899 Element of the Public Facilities Element; and the Wastewater Treatment Sub-Element of the Public Facilities Element; and furthermore directing transmittal of the amendments to the Florida Department of Commerce. PL20230017 521 -Growth Management Plan Clean-up Changes GMP A (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 September 10, 2024 Page 29 of 3899 September 10, 2024 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everyone. Welcome to the meeting. We have a big agenda today. We have a lot of things to do and talk about. And I want to remind you as we begin to silence your cell phones, please. And if you're scheduled to speak, I want to remind you that we've got three minutes to do that. Troy, how many speakers have we got so far? MR. MILLER: Right now, sir, I have f<~ur here in the room and two online. CHAIRMAN HALL: Oka);. Great. So just to remind you, at the two-and-a-half-minute mark, the little yellow ligli t's going to blink, at the three-minute mark, the e light's going to Blink, and I'm going to say, "Thank you .' So with that, let's get t H1s meeting sta ed with some prayer and the Pledge of Allegiance. Item #IA INVOC A:f IQ OYD -GROW CHURCH - INVOCAl fie) Gornmissioner, we have our invocation by Pastor Trac}: Boyd of t::iTow Cliurch, and our Pledge of Allegiance will be led by John Izzo, Army Veteran, 24th Infantry Division, Korean War. PASTOR BO ~0 : There's a particular prayer that the Apostle prayed in the scriptures and Ephesians, and it was regarding revelation and wisdom. And I believe that more now than ever each one of you commissioners need revelation and wisdom from God to lead and to guide this great Collier County. So that's the prayer that we're going to offer today. Page 2 Page 30 of 3899 September 10, 2024 Father, I thank you, according to your word, that today you are filling each one of these leaders with wisdom and revelation from your spirit; that they would make choices and decisions that are aligned with your will; that they would see and perceive from your perspective that the people of Collier County will be blessed. In Jesus name, I pray, amen. COMMISSIONER McDANIEL: Let's get her more regularly. That was a good one. COMMISSIONER LoCASTRO : Wait a minute. But I was feeing like --do you feel like we don't have wisclo ? No, I'm just --we know each other. We ow each other. That was a little of a dig, maybe. CHAIRMAN HALL. I could tell where she was loeR:ing. COMMISSIONER Lo CS J\. 'f.RO: T ank you. (The Pledge of Allegiance was ecited in unison.) COMMISS ONER LoCAS q'RO : just as K d the Chair if I could just say c0uple words. omorrowts the anniversary of 9/11, the 23rd annivers r;::, so I just wante cl to recognize that, especially with fellow veterans in the oom. Having been somebody that had to deploy to 7t fghan·~tarr, and then watch'ng what I thought was not the best e tt, we thougli t we e e over there doing a great and amazing things, an o we were , but the ~ sort of didn't last. But if I could just indulge you and just --how many veterans do we have in tli e n~om? YJ ou can raise your hands. So regardless if you deployed or not, ou wore the uniform, and we all appreciate your service. If w eould just maybe have a moment of silence for --we lost thousands of people in Afghanistan, lost thousands of people on 9/11, but what a lot of people forget is after 9/11 we continued to have quite a few casualties, more than what actually happened on 9/11, and we continue to have people that struggle with all kinds of issues afterwards. Page 3 Page 31 of 3899 September 10, 2024 So, you know, as we get further away from 9/11, people kind of remember the date but not actually the facts and details. So maybe we can just have a few moments of silence here to think about all those who have lost, all those who fought for our country so gallantly after 9/11 and their memory. (A moment of silence was observed.) COMMISSIONER LoCASTRO: Thank; ou. Item #2A APPROVAL OF TODA Y'S REGULAR, CONSENJ' ~ND SUMMARY AGENDA AS AMEND D E~ ART , DISCLOSURE PROVIDED BY COMMiS ION MEMB ~ S FOR CONSENT AGENDA.) -~© MISSION R KOWAL RECUSED HIMSELF ON ITEM #16A9, MO ~l0N TO ftRPROVE BY COMMISSIONRR M ~DANIR ii; SE ~ONDED B:Y COMMISSIO , ER KO ~L -A P.P 0 VEQ J\ND/OR ADOPTED W/CHANGES"' ~ S. PA'T RSON: Com 1ssioners, that brings us to agenda changes or Septem er 10t , 2024. Please bear with me as I read through: out extensive chang s eet for today. First, we have ad hl -<9n Item 1 OB, which is a recommendation to consider the request from 7th A venue Northwest residents for additional site development requirements relative to Mason Classical --Classic ~cademy charter school. This is being brought to the agenda at Commissioner Saunders' request. Add-on Item 1 OC is a discussion regarding the intersection safety and countermeasures that may assist to reduce red light running. This is brought to the agenda at Commissioner Saunders' request. Page 4 Page 32 of 3899 September 10, 2024 Add-on Item 1 OD is a recommendation to direct the County Attorney, working with staff, to take legal action as necessary, including filing a lawsuit or code enforcement case, with respect to an owner of two dogs who she lets run free around the neighborhood, and this is brought to the agenda at Commissioner Saunders' request. Continue Item 16B2 to a future BCC meeting. This was continued from the August 27th, 2024, BC meeting as well. It's a recommendation to approve an agreement for the purchase of an unimproved tract of land required f o~ th Lak:e ~elly Weir Stormwater Project, and this is be ·ng moved at staffs request. Continue Item 11 B to a futu e meeting. This is recommendation to direct the Count~ ~ttomey, working with staff, to take legal action as necessary, including fili g a lawsuit o:c code enforcement case, with res ect to the paining on the Ascent Naples building to ensure complianoe with th€ countf codes located at 1950 Mayfair Street near tn intersection oP Davis B0utevard and Tamiami Trail within th Bayshore/.Gateway T iangl€ C-RA. This is being moved at Comm-i sioner K.b wal's Fequest and staffs request. Mo y e Hem 16 l o 11 C. This 1s a recommendation to direct the Count :A:ttomey t0 advertise and bring back for a public hearing an amendment to Qrdinance 2023-7 I to remove roadways that are now in a passible condition, a od roadways that have since been deemed im~assable by the independent fire districts, and remove the 1 mil cap of the ad valorem millage rate. This is being moved to the regular agenda at <S omrnissioner McDaniel's request. Move Item 16:Q to 1 lD. This item was continued from the August 13th, 2024, BCC meeting. It's a recommendation to authorize an exemption from the competitive process for purchase from OCLC, Inc., for the acquisition of subscription services to cloudLibrary and interlibrary loan services in an amount not to exceed $600,000 per fiscal year as budgeted through FY 2025. This Page 5 Page 33 of 3899 September 10, 2024 is being moved at Commissioner Hall's request. Move Item 16D2 to I IE. This item was continued from the August 13th, 2024, BCC meeting. This is a recommendation to authorize an exemption from the competitive process for a subscription to the Hoopla digital service from Midwest Tape, LLC, for library patron use, effective October 1st, Q24, through September 30th, 2025, in an amount not to ex eed $400,000 per fiscal year. This is being moved at Co mi s ·oner Hall's request. Move Item 16K3 to 12A. This is a reco mendation to authorize a representative of the County Attorney.'s Office to bid on behalf of the county at one code e forcement lien foreclosure sale scheduled by the Clerk in Collier C0u ty, Ji oKida, versu s Lee Vern Lambert, et al, Circuit Co ft Case No. 23-CA-3392, in an amount not to exceed the value of the co nt 's forec k )sed lien interest, approximately $235,029.65. his is being moved at Commissioner McDaniel's requ€st. Move Ite 16K5 to 2B. endation to approve and authoriz c tlement agreement in the lawsuit st l loria Burchianti versus Collier G ·ssioners now pending in the Circu u o icia 1rcu1t in and for Collier County, Flori , t the su 00. This is being moved at Commissione McD request. Move Ite 4 B 1. This is a recommendation that the Board of County CQm i ssioners, acting as the Community Redevelopment Agency, authorize four members of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board, one member of the Bayshore Beautification Municipal Service Taxing Unit Advisory Committee, four members of the Immokalee Local Redevelopment Advisory Board, and one member of the Immokalee Beautification Municipal Service Taxing Unit Advisory Page 6 Page 34 of 3899 September 10, 2024 Committee to attend the Florida Redevelopment Association 2024 Annual Conference; authorize payment of the associated registration, lodging, travel, and per diem costs from the CRA trust funds, and declare the training received by the board members as serving a valid public purpose. This is being moved at Commissioner McDaniel's request. We do have a time-certain, that is Item 101\., to be heard at 10 a.m. This is a recommendation to adopt the attached resolution in opposition to Amendment 3 titled as ". dult P€rsonal use of Marijuana" which, if enacted, woula a end the o ida Constitution to legalize recreational marijuana in Florida. And we have court reporter break--s schecluled for again at 2:50. With that, County Attomej'. MR. KLATZKOW: o more changes. MS. PATT!tR~O : Com issioners, an ·rther changes or ex parte on the cons€nt or ~umma ? CHAIRMk . ALL: Troy, d0 we have one public comment? MR. MILLER : ~ea . . I have s0meone who's come on Zoom re gist d dditional information. Nathalie ek, you're being prompted to unmute ~ourself, 1 at 1s time. Yes, Natalie, go ahead. MS. ~Y'C ZEK: .. o 1 's okay for me to talk now about the issue that I wa • about? MR. MIL at item under Item 16 are you speaking on, ma'am? MS. RYCZEK: It should have been for lOC. MR. MILLER: Okay. We'll bring you back on at a later time. This is the wrong time for that. You were incorrectly marked. My apologies. Thank you. MS. RYCZEK: That's okay. Page 7 Page 35 of 3899 September 10, 2024 MR. MILLER: My apologies, Mr. Chair. CHAIRMAN HALL: No worries. Commissioner Kowal, changes and ex parte. COMMISSIONER KOWAL: I have no ex partes, but I would like to take the time to --I'm going to recuse myself from 16A9, on that particular item on there, due to a family member conflict of interest. COMMISSIONER McDANIEL: ([hat's right. CHAIRMAN HALL: Commis,s:·oner Saunders. COMMISSIONER SAUNDRR& Mr. Cha· changes and no disclosure. CHAIRMAN HALL: Commissioner lV1 Dani COMMISSIONER Mc IE morning, . Chair. I have no ex parte, an leases the Board, to add back 16K5. It got m tions answered. And there's no reason fQr that particular item, if you-all are o • ith regard to the exposures ther CHAI e OMMI 16K5 was moved to 12B, and it can tay on the 0onsent, and we don't have to have a hearing on that. CHA AN HA LL: Oli, gotcha, okay. Commissioner LoCastro. COMMISSi ON£~ LoCASTRO: I have no changes. I have one disclosure. On l B, I got e-mails. CHAIRMAN HALL: Okay. I have no changes to make, and I have no ex parte. Can I get a motion to approve the consent? COMMISSIONER McDANIEL: So moved. COMMISSIONER KOWAL: Second. Page 8 Page 36 of 3899 aye. September 10 , 2024 CHAIRMAN HALL: Move and seconded. All in favor, say COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: The cons,ent is histo ~. Page 9 Page 37 of 3899 Proposed Agenda Changes Board of County Commissioners Meeting September 10, 2024 Add on item lOB: Recommendation to consider the request from 7th Ave NW residents for additional site development requirements relative to Mason Classic Academy charter school. (Commissioner Saunders' Request) Add on item lOC: Discussion regarding intersection safety and countermeasures that may assist to reduce red- light running. (Commissioner Saunders' Request) Add on item 10D: Recommendation to direct the County Attorney, working with staff, to take legal action as necessary, including filing a lawsuit or code enforcement case, with respect to an owner of two dogs who she lets run free around the neighborhood. (Commissioner Saunders' Request) Continue item 16B2 to a future BCC Meeting: *** This item continued from the August 27, 2024, BCC Meeting. *** Recommendation to approve an Agreement for the purchase of an unimproved tract ofland (Parcel l 54FEE) required for the Lake Kelly Weir Stormwater Project (Project No. 50310). Estimated Fiscal Impact: $222,000. (Staffs' Request) Continue item llB to a future meeting: Recommendation to direct the County Attorney, working with staff, to take legal action, as necessary, including filing a lawsuit or code enforcement case with respect to the painting on the Ascent Naples building to ensure compliance with County codes, located at 1950 Mayfair Street, near the intersection of Davis Boulevard and Tamiami Trail East, within the Bayshore/Gateway Triangle CRA. (Commissioner Kowal's request) Move item 16Bl to llC: Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are now in a passable condition, add roadways that have since been deemed impassable by the independent fire districts and remove the 1.0000 mil cap of the ad valorem millage rate. (Commissioner McDaniels' Request) Move item 16D1 to 11D: *** This item continued from the August 13, 2024, BCC Meeting. *** Recommendation to authorize an exemption from the competitive process for purchases from OCLC, Inc., for the acquisition of subscription services to cloud Library™ and interlibrary loan services in an amount not to exceed $600,000 per Fiscal Year, as budgeted, through FY 2025. (Commissioner Hall's Request) Move item 16D2 to llE: *** This item continued from the August 13, 2024, BCC Meeting. *** Recommendation to authorize an exemption from the competitive process for a subscription to the Hoopla digital service from Midwest Tape, LLC., for Library patron use, effective October 1, 2024, through September 30, 2025, in an amount not to exceed $400,000 per Fiscal Year. (Commissioner Hall's Request) Move item 16K3 to 12A: Recommendation to authorize a representative of the County Attorney's Office to bid on behalf of the County at one code enforcement lien foreclosure sale scheduled by the Clerk in COLLIER COUNTY, FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court Case No. 23-CA-3392, in an amount not to exceed the value of the County's foreclosed lien interest (approximately $235,029.65). (Commissioner McDaniels' Request) Move item 16K5 to 12B: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Arnold Burchianti and Gloria Burchianti v. Collier County Board of Commissioners (Case No. 23-CA-2254), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $30,000. (Commissioner McDaniels' Request) Move item 16L2 to 14Bl: Recommendation that the Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), authorize four members of the Bays ho re Gateway Triangle Local Redevelopment Advisory Board, one member of the Bayshore Beautification Municipal Service Taxing Unit Advisory Committee, four members of the lmmokalee Local Redevelopment Advisory Board, and one member of the lmmokalee Beautification Municipal Service Taxing Unit Advisory Committee to attend the Florida Redevelopment Association 2024 Annual Conference; authorize payment of the associated registration, lodging, travel and per diem costs from the CRA Trust Funds (Funds 1020/1025); and declare the training received by the Board members as serving a valid public purpose. (Commissioner McDaniels' Request) SEE REVERSE SIDE Page 38 of 3899 TIME CERTAIN ITEMS: lOA to be heard at 10 AM: Recommendation to adopt the attached Resolution in opposition to Amendment 3 titled as Adult Personal Use of Marijuana, which if enacted would amend the Florida Constitution to legalize recreational marijuana in Florida. 9/23/2024 4: I 7 PM Page 39 of 3899 September 10, 2024 Item #4A PROCLAMATION DESIGNATING SEPTEMBER 22, 2024, AS FALLS PREVENTION AWARENESS DAY IN COLLIER COUNTY. ACCEPTED BY DR. MARIA ALF ARO, TRAUMA MEDICAL DIRECTOR -MOTION TO APEROVE BY COMMISSIONER SAUNDERS; SECON, E0 BY COMMISSIONER LOCASTRO -ADQPJ: D MS. PATTERSON: Commissi0ners, that nngs us to Item 4. Item 4A is a proclamation design ting September 2 cl, 2024, as Falls Prevention Awareness Day in Co lier County. 'F o be accepted by Niki Rasnake, Lee Hea1t rrauma p ogram manager. Congratulations. (Applause.) MS. RASNA!(E: oo 1th Trauma Services exten e grat itu e llier County Commissions e • • on of September as the Fall Trauma Awareness M 12port for reducing these injuries. We would also Iik r ap t1on to our colleagues and partn~rs in fire, nf ore t, and everyone else who collaborates with us El n ring September, but for the entire year. Lee Hea tH is the only Level 2 Trauma Center within our five counties, and falls c0ntinues to represent 50 percent of our traumatic injuries treated at Otlf center every day. We extend our gratitude to the commissioners and to the community members for their continued support for our falls prevention. Item #4B Page 10 Page 40 of 3899 September 10, 2024 PROCLAMATION DESIGNATING SEPTEMBER 2024 AS HUNGER ACTION MONTH IN COLLIER COUNTY. ACCEPTED BY RICHARD LEBER, PRESIDENT & CEO - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCAS:fRO -ADOPTED MS. PATTERSON: Item 4B is a proclamation designating September 2024 as Hunger Action ontli in <S ollier County. To be accepted by Richard LeBer, president and CEO, aqy Chapin Food Bank of Southwest Florida. Congr tulations. (Applause.) MR. LeBER: Tha , yeu, commissioners. everyone. We want to appreciate --excuse me --e~ ress our appreciation to Collier County for recognizing Hunger ction Month in the month of September. J;li is is actually a natignal mon h of action throughout the country, and, ·n fact, today is Hunger Action Day, so it's very timely. t ay not --eve~HQ dy ma;: n0t know, but we feed about 44,000 people in CS ollier 6::ounty in the course of this year. We do that thro gh a netwo FK of aoou 36 other organizations: St. Matthew's Mouse, Grace Place, Our Daily Bread, Meals of Hope, et cetera, that we pFovide food to in addition to about a dozen direct distributions to the p blic every month and our senior kit program, et cetera. The people that we feed are from a wide variety of backgrounds. A lot of them are working families. It's no surprise to anybody, I would think, that Collier County is a pretty expensive place to live, and if you happen to work in a lower-paying job, perhaps in the service industries or something like that, frequently people find Page 11 Page 41 of 3899 September 10, 2024 themselves strapped. Rents in Collier County have gone through the roof in the last several years. I know the commissioners have taken action on that issue. I would encourage you to continue to take action on providing affordable housing for working families. In addition to that, we see a lot of seniors, many of them with expensive chronic medical conditions, and w see a lot of veterans. So I really appreciate the expression of suppoi;t from the commissioners for the issue of hunger. Despite the obvious wealth and prosperity of Collier County, it con inues to be an issue that we wrestle with every day, and thank 3/0U so much f0r :x our support. (Applause.) CHAIRMAN HALL: Tha • . Item #4C PROCLAMATI0N DESIG ER 13, 2024, AS YMCA SAFE ~ROUN"D COLLIER COUNTY. ACCEPTE ID BY LUCINDA LOVE -ABOUNADER, PRESIDgN:r: )(MCA OF COLLIER COUNTY -MO ;J'ION ISSIONER SAUNDERS; SEC NDED NER LOCASTRO -ADOPTED MS. P~1:TERSON: Item 4C is a proclamation designating September 1 Jtli, 2024, as YMCA Safety Around Water Day in Collier County. 0 6e accepted by Lucinda Love-Abounader, president and CEO 0 • the YMCA of Collier County. Congratulations. (Applause.) COMMISSIONER LoCASTRO: I think I saw her here. Cindy? I don't think she's here. COMMISSIONER McDANIEL: How about that? Page 12 Page 42 of 3899 September 10, 2024 MS. PATTERSON: Okay. Well -- CHAIRMAN HALL: Here we go. COMMISSIONER KOWAL: We usually have a duck and everything here. MS. PATTERSON: Okay. With that, ifwe could get a motion to accept the proclamations. aye. COMMISSIONER SAUNDERS: So m0ved. COMMISSIONER LoCASTRO: econd. CHAIRMAN HALL: Moved a a seconded. All in favor, say COMMISSIONER McDANIEL: COMMISSIONER LoCAST CHAIRMAN HALI/. ~ye. COMMISSIONER SA r>ERS: e. COMMISSIONER K e. MS. PAT s1Gners. Item #5A ART ST. eF OWN ART PAINTINGS - PRES :N TED That brings us to 6A. If could direct your attention to the back of the room, 5~ is Artist of the Month. This month we welcome local artist Scott B Gwn as our September Artist of the Month. It's Scott's mission with pastels, acrylics, and oils to create original and unique paintings that will enhance your living space and brighten your world. When Scott isn't teaching or painting at his studio on Shirley Street, he volunteers as the director of the Coco Naples Art Gallery, an 8,500-square-foot artist gem located in the Coastland Center Mall Page 13 Page 43 of 3899 September 10 , 2024 at Entrance No. 8. Scott painted a colorful 60-by-15 wall mural of the Naples pier inside the entrance. The Coco Naples Art Gallery was just awarded honorable mention in the Best of Florida 2024 guidebook. Item #5B PRESENTATION OF THE COLLIER O TY BUSINESS OF THE QUARTER FOR SEPTEMBER 20 24 T Q l JGHTHOUSE OF COLLIER COUNTY. ACEPTED B REPRES ~ATIVES OF THE REHABILITATION CEN~ER. ALSO ATTENlil ING ARE KRISTINA PARK, CEO & PRESI@~ T, D BETHA'NY SA WYER, VICE PRESI0ENT OF M £ BERSHIP ANB INVESTORS, BOTH OF '.Ii 6 REATE N APLES CHAMBER OF COMMERCE - With that resentation of the Collier County r or ep ember 2024 to Light se o f: ard will be accepted by repres tative nter. Also attending is Bethany Sawye president bership and investors of the Greater WaP.les Chamo€r ofX:ommerce. Congratulations. (Applause.) MS. GID\NNIS I y name is Priscilla Grannis. I'm president of the board of di t for Lighthouse of Collier. And on behalf of the staff, all of the v Glunteers, all of our clients , I want to thank you for the recognition and the honor of being named Collier County Business of the Quarter for September 2024. Lighthouse of Collier serves blind and low-vision clients throughout the county and some in Lee County. We provide these services for all ages from infants to those my age or older. Page 14 Page 44 of 3899 September 10 , 2024 We thank you, and we look forward to providing additional services to our blind and low-vision citizens. Thank you. (Applause.) Item #7 PUBLIC COMMENTS ON GENERAL T0 1es NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Commi , s us to Item 6, public --I'm sorry. Item 7, publi n opics not on the current or future agenda. MR. MILLER: Mr. Chair, I h akers the room and two on Zoom. Rae Ann Burton, and she will be followed by An Karloff. CHAIRMAN H~LL: , a ~nn? MR. MI IJL&R: I s MS. BUR s. Sorry for that. · me y name is Rae Ann Burton. Con 6 e u • e under the weather, as they say. in Rura o en a e Estates, which is currently under attack by dense-greedy, velopers. Retired to the Estates to, as they say, enjoy my golden , ears, but that is being threatened by uncontrolled dense g . th and requires constant rezoning by the Growth Managemen Ian, which requires more roads and wider roads to be built. There is a dangerous issue that needs to be addressed in the Estates on Golden Gate Boulevard and Everglades Boulevard. These are the ones I know about, I use the most. Whenever there's a rain on these roads, driving is all but impossible to see. There are Page 15 Page 45 of 3899 September 10, 2024 little or no lights on these roads. Everglades is an accident waiting to happen, and it has happened. Black asphalt, when wet, reflects oncoming cars' headlights which are blinding and create difficulty seeing any cars coming or even the road. Yesterday, Monday night, after a Repub ican executive meeting driving home, I was on Everglades about 8:zt-0 p.m. I always get in the left lane to make a left tum onto Golden 6ate Boulevard, which is another issue. Cars and even dump ruc k:s try to cut in since Everglades is only two lanes. As I got onto the road, a ca turned right in front 0f me, making a left tum onto Everglades from the I:Nit stree on the right. No lights. Luckily, I saw the car when it was i;ight in front o f-'ffi e. Thank goodness I was going slow due to li isty rain, so we didn't hit. About halfway aown E ht lights flashing coming toward me. Fi ho ent. It was an oncoming car with very bri ea I • hts , n high beams. It was not until I g 0s s . ble was. A horse was trostiH ft side of the road. I didn't ev as nght next to me. It was a dark horse. It ~ould h son on a bike or people walking, but without lig u d until they're right next to you. The re for aomment is that we don't need more roads or wider roads. What Uli al Estates needs is that current roads be properly lighted so one can see what is coming towards or in front of them. It also may cut down some of the glare on the wet asphalt as it rains. So think, please, about providing more safety on these rural roads which become dangerous when it rains, not to be --not being able to see even if the road is flooded. Thank you. Page 16 Page 46 of 3899 September 10, 2024 MR. MILLER: Your next speaker is Anton Karalov. I hope I'm saying that right. Karaba. He will be followed on Zoom by Kelly Farrell. If you could start by stating your name so that she has the proper pronunciation. MR. KARABA: Anton Karaba, K-a-r-a-b-a. MR. MILLER: Go ahead, sir. MR. KARABA: And as you know, u aised our water, sewer, and irrigation about almost 30 iqeFcent His year without letting us know before. Now you want to raise our taxes. I disagree with that. I'm talking about personall~ my taxes where Uve, because one thing --they are always raising, one thing. '.I\ other thing is there is a mess in our area. I thirrK Mr. Locastro is our commissi0ner. This is no action almost taken ox N@lice, code e forcement, and animal control. There are animals 0. tli e streets, loua music, and all kinds of mess. That's one thing I tHirlk is --the cars are not recognizable anymore. We a.on't know who is code enf0rc ment. We don't know who is wR@ . So these are m~ t,0 mme ts, an M I would like to fix the mess in our aFea I talked to the code enf Ofcement guy for our area. He didn't d0 anythin . NoB@a~ do anything in that place. THankyou. COM ISSIONER LoC X STRO: Where do you live, sir? MR.~ BA: It's 12243 Fuller Lane, Naples, Florida. They call it Victoria Falls. J;h ank you. MR. MILLER : Your next speaker is on Zoom is Kelly Farrell. She'll be followed also on Zoom by Kim Aquila. Ms. Farrell, you're being prompted to unmute yourself, if you'll do so at this time. Kelly Farrell, if you'll unmute yourself. (No response.) MR. MILLER: All right. Isaac, let's try Kim Aquila. Page 17 Page 47 of 3899 September 10, 2024 Kim, you're being prompted to unmute yourself if you'll do that at this time. Ms. Aquila? There you are. MS. AQUILA: Oh, yes. Can you hear me? MR. MILLER: Yes, ma'am. You have three minutes. MS. AQUILA: Hi. Thank you. Yes. No. I was calling to talk about what Natalie is calling in for. So I might be in the wrong section. I apologize. It's about the road safet;y issues. MR. MILLER: Yeah. Okay. We'll move you there. Thank you. MS. AQUILA: Thank yo MR. MILLER: I think wha appened, Mr. air is we've had these items that were added late in the day, and there place to sign up on Zoom, so I thinl< they've ended up in public comment. CHAIRMAN HAL c in a little bit. MR. MILLER: W we'll get them then. And that o . CHAI THE QUEST FRO ~~HA VE NW RESIDENTS FOR ADDITIONAL SITE l9 EVEI:QPMENT REQUIREMENTS RELATIV~ 'i:O MASON CLASSIC ACADEMY CHARTER SCHOOL. (CO MIS~H0NER SAUNDERS' REQUEST)- MOTION TO CQNFIN , E THIS ITEM TO THE NEXT BCC MEETING BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL -APPROVED MS. PATTERSON: Commissioners, that brings us to Item 10. Item l0A is our 10 o'clock time-certain, so we'll go to Item l0B. This is a recommendation to consider the request from 7th A venue Page 18 Page 48 of 3899 September 10, 2024 Northwest residents for additional site development requirements relative to Mason Classic Academy charter school. This item is being brought to the agenda at Commissioner Saunders' request. COMMISSIONER SAUNDERS: Thank you. The reason I brought this up --and I apologize for not having this on a printed agenda earlier. But I wanted to make sure that we took some --took some positions before it was too late, and so this kind of came up a little bit suddenly in tliat regard. I've met with our staff to see w at t-3/pes 0 t ings we can do to protect the neighborhood. I thi hat's 7th Aven e North. I'm not looking to make things difficult for the charter schoo developer. We don't have any control over whe e a chafte schoo goes, and so we didn't have any control over whetner t is would be in particular neighborhood or not, but we clo have authority to make sure that during the site plan approval process we do av e the ability to control access to our roadways. We cl o have the ability. to take some action to protect the meigfiborhood from light s an ti n • se and traffic. And so I've as ed s~a f to make a little presentation, if they would, ceneeming tne different things that have been requested and what we ean dQ to per aps dire Gt staf~ to take a look at it and make sure we have the e~al autn ority to a o that. Inclutled in you packet 1s a letter from Erika Donalds who recently m 0:ved to 7th tA:venue Northwest, and she recognizes that charter schools can go where the developers of charter schools want them to go --we don1 have control over that --but she indicated that in the charter schools that she's been involved in, there have been a variety of different conditions imposed by staff, and I just want to make sure that we're doing the same thing with this Mason Classical Academy on 7th Avenue North. So, Mr. Chairman, with your indulgence, if staff could kind of go through a list of the things that have been requested in that letter Page 19 Page 49 of 3899 September 10, 2024 from Erika Donalds, and the things that we can do to protect the neighborhood. CHAIRMAN HALL: Sure. Commissioner McDaniel, do you want to speak before staff? COMMISSIONER McDANIEL: No. I'll wait till our staffs done, sir. CHAIRMAN HALL: All right. Ms. C0ok, the floor is yours. MS. COOK: Good morning, Commi s·oners, Jaime Cook, your director of development review at Qrowth Management and Community Development, for the rec0rd. The letter that you had all rece ived from Ms. 1'onalds last week requested four specific items for the· Site 0e , elopment Rlan. Their Site Development Plan w s submitted to the county earliev this year, I believe in April. It has not ~et een approved by staff nor has it been approved by the Water Management Dis Fict, so we are still going through the review proc€ss. Of the four items that were reeiuested b~ those neighbors, the first being that th €onstruation ac ess not be on 7th A venue Northwest, the constmetion ac c ess is proposed to be on Vanderbilt Drive Road. So I belie e that issu as been addressed and is taken care 0 . THe econd issue was tha there be no access at all, emergency or otherwi se, onto 7th ~venue. The current site plan does propose an emergenc access _g oint there with a gate. That would be up to --that would als 0 ne fl to be approved, if it were to be removed, by the Greater Naples t:ire District, as they have authority in this --over this lot. I would imagine that they have --they have actually, sorry, already asked for a variance request for a fire hydrant and the emergency access to be located on 7th. COMMISSIONER SAUNDERS: Let me focus on the emergency access for a moment. Page 20 Page 50 of 3899 September 10, 2024 MS. COOK: Sure. COMMISSIONER SAUNDERS: I've been advised that if it's an open area, not a gate but just an open access, a roadway, that that would be a situation where parents would have their kids come to the access point there on 7th A venue, and they would line up to pick up their kids on 7th Avenue. And so we want to make sure that that ooesn't happen. That will create some problems. If there's a gate there, obviously if it's one that is not easily --one that you Gan elimb ov.er easily, then that would be acceptable. Your concern ·,s that the 1 e department may reject that; is that what I'm hearing?- MS. COOK: My concern wotll cl be tha • the fire (iistrict may reject removing that access for safety reasons. COMMISSIONER SJ\~1'ERS: Ancl , obviously, whatever the fire department requires we're going to CQm:Qly with. But my suggestion would 6 e o try to hav e some kind of. a gate there so that you won't have th pro lem of peop1e picRing up their kids on 7th Avenue. MS. E QOK: rrent site plan does show a gate tlfere. ~<9 MMISSI© ER S UNDERS: Okay. MS ~OOK: But we can certainly make it a condition of approval that the gate as to remain closed. Number ~ was that ~hey were requesting a wall be put around the site. Our Lana B e velopment Code does talk about when nonresidential propei;ties abut residential properties, that a wall, concrete, masonry, or a fence, could be --is required. So it doesn't specifically say it has to be a wall. What they are proposing is a 6-foot chain-link fence. COMMISSIONER SAUNDERS: Mr. Chairman, if I might jump in here again. Again, from talking with our staff, I think part Page 21 Page 51 of 3899 September 10, 2024 of the issue would be to shield the neighborhood from the visual of the facility as much as possible. And the thought was that we could put --require a vinyl type of a wall, not a concrete wall, but something that would be a lot less expensive, a lot less maintenance, and also more attractive. Can you elaborate on that. Is that something that we should consider or -- MS. COOK: Yeah. We could certainl request that, Commissioner. They could do a poly v • n~l fence, similar to some of those white fences that you see aroun otlier com lexes and utilized within developments. We could eertainly require something like that. COMMISSIONER SAUNDE S : All right. MS. COOK: And then the fourth t ing that was requested was that there be landscaping on the outside of t e wall, or fence in this case. Our --the Lana t)evelopment Code the lanascaping section speaks to land caping is require N at a minimum of 50 percent on the outside of a wa on collec ~or or arte ial roads such as Vanderbilt Beach Road. It is silent to andscap • ng on the outside of walls or fences o local r ads, wfiich 7th Jtvenue would be a local road. (:<9 MMISSI© ER S UNDERS: I think if we had a vinyl type of a wa l a opposed to a co crete, that perhaps landscaping on the outside of the :wall woul hl n't be --or the fence wouldn't be necessary, because I'm ass ming hat that type of vinyl fence would be relatively attractive; that wouldn't need to be shielded, whereas a cement wall, you'd want to shie Hi tfi.at. And so that's kind of what I would recommend. I don't know if that's something that staff would recommend as well. MS. COOK: We could certainly recommend that. COMMISSIONER SAUNDERS: Mr. Chairman, what I'd like today is I don't want to --I tried to get notice to the folks at Mason Page 22 Page 52 of 3899 September 10, 2024 Classical Academy to be here this morning, and there was really no opportunity to get them here. I'm wondering ifwe might want to delay this for just a couple weeks so that those folks will have an opportunity to weigh in on this, but I would like to --the Board at some point to consider requiring these three requirements and eliminate the requirement for the landscaping Qn the outside of the fence. CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL : ady. CHAIRMAN HALL: All r·g t ner McDaniel. COMMISSIONER McDANIEL: Yeah. u have an opportunity between now and then, whenev t co ck, Collier Charter, I believe, out on okalee ~oao, ust before you get to Wilson, we had a circums n • h re. Th ad proposed secondary access off of 25th t • us ~ on Immo alee Road. And I actually --Co pre and didn't --didn't implement the opaque plastic --what do you call it? It's a MS.8 9 e OMMI Poly vinyl. A really nice poly v.in~l fence. higlil :1/; Fecommend that --and there is an emergency access tHere that is gated, and it does provide for emergency access in the event that circumstances are prevalent, and emergency vehi Bles can get in and out and/ or those students as such as are needed. So I n ighly recommend we follow those procedures because they work and work well. And I also highly recommend the fire hydrant installation on the outside of the fence on 7th to offer relief for insurance for the folks on 7th as well, because there will be public utilities at the school, and so having that --having that fire hydrant is, I think, a really important asset to the community. Page 23 Page 53 of 3899 September 10, 2024 I do have a thought, and that is, you know, we're --we don't have a lot of authority here. You mentioned that you wanted to bring this forward before it's too late. It's already too late. We don't get to --we don't get to dictate what the school can or cannot do. We can only, at this point, offer suggestions and hopefully positive outcomes for a circumstance here. So I do want to caution folks that are wate ing, at this point we're really only authorized to make these suggestions and have staff bring them through and hopefully hay-e a com lementary developer that agrees with our suggestions for the enhance ent for the neighborhood. So --but I'm fine. And, again, 5Q per eent of the l ndscaping on the outside, if it isn't, in fact, an opaque fence, that's fine. I mean, it doesn't really matter to me which way. mean, I think it would certainly help over time that o ce the landscaping matures, that that would be an add· tional buffer 1or the esiaents 0 7th. COMMISS e>NER SAUNElERS : So, r. Chairman, do we have any register~o speakers? MR. MI LLER : I don't ay e --we have no one registered for 1 OB, ir. ~<9 MMISSI© ER S UNDERS: So what I would suggest is that we €ontinue this fo two weeks. Count~ ~ttorney, I think the question is, can we impose these types of conditions, or are these just requests? And we need to know that. And you a~ already have an opinion on that. MR. KLA TZ ~QW: Well, I have an opinion, but I'll state it in the legal considerations when this comes back. COMMISSIONER SAUNDERS: Well, no. What is your opinion, then? MR. KLATZKOW: We do have the right to ask them to do a lot of this stuff. Page 24 Page 54 of 3899 September 10, 2024 COMMISSIONER SAUNDERS: All right. Because I think it's important for the folks at the Mason Classical Academy to know that we do have some authority here. So I would ask --suggest that we continue this for two weeks, that Mason Classical Academy be contacted to let them know this is coming back; that we feel that we have some authority here. We're --we want them to do these things. And I'll make that as a motion, that e move this for two weeks, that we have these three items that we' e checked off to prohibit all construction traffic from 7th A ven e orthwest; remove all access to 7th A venue emergency --well, exce t for the emerg ncy access; we'll have a gate there. And then 0 ovide t e poly v.: • nY.l fence; and the fire hydrant to be on the outsicle of tHe fence. So I'll make that as a 0tion to bring this forward in two weeks, or at our next meeting. CHAIRMAN HA LL: MS. CO i e f.f s p 1n as a full Site Development he • e interlocal with the school board to applY> for re ew reguirements. So to Jeffs point, you would nave th • to ask for these things. (:<9 MMISS:D DERS: Great. CPI IRMAN H~LL: C0mmissioner Kowal. COM ISSIONER McDANIEL: That's great news. COMMIS~.ONER OW AL: Thank you, Chairman. I'll just she cl a littl light on that emergency gate because all the first responder vehn;~les in the county have access to the Evac system --button system, which we've used in the Sheriffs Department to get into gated communities. We don't need somebody to open that gate for you. It's set up . It's on a frequency that the ambulance, police cars, fire trucks, they hit a button as they're approaching the gate; the gate starts opening for them. Page 25 Page 55 of 3899 September 10, 2024 So I don't see that fire --as long as they have a place to enter, you know, for safety, and deputies to respond in case there's some sort of incident, that --having the gate there is not an issue. I know it's done all over the county with other communities. They have gates that, you know, the average person doesn't have access through. So I know that's not an issue. Hopefully they can see it that way. CHAIRMAN HALL: CommissioneF eDaniel. COMMISSIONER McDANIEL: And with --it just needs to --we need to ensure that the gate i • mpassao le except for vehicle traffic. The goal with the elimination of the eme gency access is to keep parents from driving by and t owing their kios out by the gate and letting them walk in that way as op ost2d to sitting • n the traffic line that --the queue to get them in. So as long as that gate ooes, in fact, pro ibit human access during regular hours, it's fine. I J st --if w follow that model that we put out on Collier harter out there on Immo alee Road, it works really well. I a e hacl no complai ts. I think it's your district now, Commissioner Sl unders , out I've • aa no complaints with people diving in ar()und tn e CQrner n utting their kids out by the gate. e OMlvUSS QN:ER ~AUNDER , : Okay. ~<9 MMISSI© ER cDANIEL: So it's a good model. It's a grass acGess. It doesn tt do any.thing other than emergency access only out onto 25th if something happens there, so ... CHAIRMA'N HA : Well, I think that all three things are a pretty fair ask, and I ink that the academy, once they realize that that's all it is, I think that we'll be able to work it out. If we have to bring it back, we'll do it. If they can work it out without coming back to see us, that's even better. So we have a motion to extend it for two weeks if needed. COMMISSIONER KOWAL: Second. COMMISSIONER McDANIEL: I'll second it. Page 26 Page 56 of 3899 September 10 , 2024 CHAIRMAN HALL: And a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. COOK: Thank you. Added Item # 1 OC DISCUSSION REGARDING ECTION ~TY AND COUNTERMEASURES THAT M)\ ~ ASSI l' TO UCE RED- LIGHT RUNNING. (CO M MISSIONER UNDERS' ~ QUEST) - MOTION TO CONTINUE M "h O THE NEXT BCC MEETING WITH SUGGES 0 N HO W O IMPROVE THE SAFETY OF CTION S AN]?) T FI <S CONTROLS AND PROVI ESQ CBS F PERATIONS BY COMMISSI ONDED BY CO ROVED ~ommissioners , that brings us to Add-on Item 10 6:. This is a 1scussion regarding intersection safety and countermeas r es that maw assist to reduce red light running. This is brought to the genda at Commissioner Saunders' request. COMMISS10 N£R SAUNDERS: Mr. Chairman, thank you for your indulgence in having this on the agenda. There was --obviously there was a very tragic accident that really brought to light --or not really brought to light, because I think we know that we have some dangerous intersections, but just brought this really to a head here. And what I'd like to do is --at some point during this hearing, I'd Page 27 Page 57 of 3899 September 10, 2024 like to ultimately ask our staff and our Sheriffs Department to come back with statistics on the various intersections and come back with some suggestions on things that we might be able to do to improve the safety in these --at these intersections. This was a horrible accident, and we want to make sure that we're doing everything we can to keep that from happening again. I've asked staff to make a presentation thi morning on steps that we have taken and perhaps give us some ideas on things that we might do in the future. And I do kn0w tliat we're going to have some registered speakers on this particular • tern. MR. MILLER: Yes, sir. MS. SCOTT: Good morning. Eor the record, 'fr."nity Scott, Transportation Managem -n Services ];)epavtment head. Shortly, I'm going to tum this over to our Transportation Engineering and Construction Ma agement director, Jay Ahmad, and our chief engineer, A nthony IQhawaja, to discuss what we already have been doimg with regard to out traffic signals with our yellow and all-red clearance. But I d0 want o also ake mention of the Collier Metropolitan Planning <Jrganization, which you al s1t on with a different hat. They ~ st recently Ki~kecl off their Safe Streets for All comprehensive safety al>tn~n plan. Bis was a federal grant that they received. That is essentiaH ~ doing that. They're looking at all of the --all of our roadways arountl Collier County and looking at opportunities to be able to reduce fatalities and serious injuries. They just held heir first kickoff meeting. They anticipate having that --this final plan completed by next summer, and that will look countywide; not just unincorporated Collier County, but also the City of Naples, Marco Island, and Everglades City. The county did participate in that financially with the MPO. So I think that we have some great analysis that's going to be forthcoming over the next Page 28 Page 58 of 3899 September 10, 2024 couple months with regard to this very specific topic. The other great thing about that plan is it will open up additional federal dollars for us, so additional grant opportunities. So with that, I'm going to tum it over to Mr. Khawaja to talk about signal timing and yellow/all-red clearance intervals. MR. KHA WAJA: Good morning. Fo the record, Anthony Khawaja, chief traffic operation engineer fe>r Gollier County. It's a sad crash what happened on Log,an on Thursday; that was terrible. But I wanted to take the ogpo nit to go over how we time our traffic signals, how we time 0ur yellow i terval, and how we time our red intervals, because it's important to keep in mind that, you know, there is --we want to make sure our signals and our intersections are as safe as possible. So I'll get started. 0 ~ cours€, our focus is mainly safety and also to make sure we have capacity:, b€cause ~ou don't just want the yellow or red to he too ong, o€cause e>theiwise ]2 ople start to drive them. So you want to time them apP.i;opriatel , and find that sweet spot where it makes sense to the d i~er and to the users of the roadwa~.---- otmally, what we ave is tw0 intervals. One is the yellow, and t e ;c ell ow is to inform a proacliing motorists that the green light is expiring, and it's going to go to red. So what we try to do is give them enougfl , approachiNg at t e appropriate speed to the intersection, te come t0 a complete stop at the stop bar. So depending on t1io sp€ed of that approach, the yellow is calculated. We also, at the fron end here, if you look, this first part of the yellow is reaction and --reaction time and noticing the change. In the past, this used to be one second. Now it's 1.4 seconds to give motorists a little more time to recognize that the yellow is changing, start to apply their brakes. So we give them an additional 1.4 seconds to come to a complete stop. So in addition, how long it Page 29 Page 59 of 3899 September 10, 2024 takes them to stop plus 1.4 seconds. And for those who are going a little too fast or couldn't come to a stop by the stop bar, we apply the all-red period, and all-red period is calculated by the width of the intersection plus the length of the vehicle. So we want that vehicle that ended up entering the intersection after the yellow, they could not c0me to a complete stop, to clear the intersection, and the whole vehicle clears the intersection. So that's also calculated. So for each intersection, we caloulate the width of the exposure plus 20 feet for the length of vehicle o go across. And that's the all-red period, and that's before we elease the opposing conflicting movement. I want to just give ygu some examQles of some real-life timings that we have. So on LivingstQn and Goltlen Gate Parkway, you would notice that our yellow i 4. se eonds, which is enough time for a 45-miles-per-h0ur vehicle ap roachi ng the intersection to come to a complete stop. v lien i£ y , u're go tng tHrougli, we give them 2.6 seconds of all-red tQ clear the inte t section in case they entered after the yellow has expn~etl. ut for a left-turner, because the eonflicting movement is way out ll € e on the come whe e the rigli t-tumers are, we give them a much longer all-red, and that's six seconds of all-red, and that's to allow that ¥ehicle that\s making a left tum to clear the last point of conflict before we releas€ the opposing right-turners. Another example is the overpass at Airport and Golden Gate. I'm giving you som examples that are totally different than the norm. Again, the yellow for the --coming off the ramp the speed is slower. It's --so it's four seconds, but the all-red is --that is the longest red that we have in Collier County, by the way, and it's to clear from the stop bar where that ramp ends all the way to clear where the right-turners are, and that's 7 .4 seconds. Page 30 Page 60 of 3899 September 10, 2024 So, again, we provide plenty of time for that vehicle to clear the intersections and get out of the way so the intersection operates safely. Northbound is --again, it's different, but it's 6.4. So this is our longest all-red clearance in Collier County. What you want to keep in mind is if you're looking at the cycle length, and let's say the cycle length is 120 seeonds for the signals to go all the way around, normally we would staFt the cycle by --where the green starts, the beginning of the left-tu movement. So this would be the left tum for the main line, tlien we have to go yellow plus red for clearing that moveme , ; tlien the main line green will go; then we clear that movement, yel ow plus red; then w go to the side street, green left turns; then yellow p us red ; t en we go tQ the side-street through movement, yellow lus i;ed. So if you calculate the yellow plus re , which occurs in the normal cases four times in a c cle, and let's sa this was 6.5 seconds of time. You know, that woul be a total of 26 seconds that --out of the cycle lengtli that are dedicated to learing the intersections. If you take li 26 seconds and x ou divide that by the cycle length, whieh is 120~ that's 22 percent of our cycle length is being used --I eall it lost time ecause w~re not moving traffic, but we're providing for safet~. So ·t•s 22 percent of that cycle. FDO ~ and --you , ow, aid the calculation to help the engineers and help people who do signal timing, you know, depending on the speed, what t , e adequate or appropriate yellow clearance that are required for each ovement. We don't use anything less than 4.0. So, like, even if the speeds are lower, we still use four seconds, our minimum yellow at every --at any signalized intersections. What's important, that these are covered by the Florida Department of Transportation Traffic Engineering Manual. They describe this process very closely --very careful and clearly in the manual and uniform traffic control devices, the ITE, the Institute of Page 31 Page 61 of 3899 September 10, 2024 Traffic Engineers, so it's very important to follow it and not to vary too far from it. Of course, if there's special circumstances, you can address them, but you want to be consistent so people who are driving these roads know what to expect. Questions? CHAIRMAN HALL: Commissioner Mc; aniel. COMMISSIONER McDANIEL: Wh:er s the timing on the intersection of question? MR. KHA W AJA: I brought that ,ith me. I thought you guys might ask. COMMISSIONER McDANIEL: And I unde Fs and, you know, I'm by no means taking away from the traves y that transpired, and it's currently under investigation, the a~ciclent itself. So e still have data to come in on what, in faGt, transpired. MR. KHA W AJA: Thu; file, or some eason, is not showing it, but I can tell them to you. It's b. 7 seGon a s for th' yellow and 3.8 for the all-red, and -- CO MMIS , 0 ER L(j)CASTR<O: But no amount of interval's goin eep • le ally. running a red light. ing. Like, you only can engineer or t se movements. Like, if somebody's not payi enti d driver is a big thing. If somebody's not payi ention llow change --the light changed to red, and they com way e light has changed, you just can't prevent that from happenin COMMISSIONER McDANIEL: If I'm not mistaken -- MR. KHA W AJA: The Collier County sheriff or engineering cannot help that. COMMISSIONER McDANIEL: If I'm not mistaken --because I'm still on here, Mr. Chair, with regard to this. This item's being brought forward to have future discussion with our Sheriffs Page 32 Page 62 of 3899 September 10, 2024 Department with regard to the potentiality of some other enforcement activities, and I would like to see our staffs analysis on the actual intersection where the accident, in fact, transpired to ascertain if those --if those signal timings are, in fact, adequate for that particular intersection. We all know we have a hugely constrained roadway system at all. And so when this item comes back, I'd like to see that analysis with regard to the specific intersections. Knowing these others is nice, I mean, because a lot off olks d0n't lfuow and understand how this all works. But I think it's imperative when t is does, in fact, come back. I think --if I'm not mistaken, I saw so ething in here with regard to you'd like the Sherif o com back and espouse with regard to what we can do to enhance the enforcement side MR. KHA W AJA: ~ 8'. I had the ready. I must have saved the wrong file. I apologiz COMMISS ONER Mc I y. CHAIRM~N H~ Com nders. COMMIS UND : eah. I think Commissie>n€ i overed what I was going to say -s h I know we have registered spe Ma , se, then I will kind of wrap up. And ltimately 01n to ask that this be brought back with some analysis. One o things want to make sure is how you are able to make sure that thes€ • ntersection lights are working the way they're supposed to. And so I want to know what type of maintenance you have. If there's something that goes wrong, how quickly you are able to find that out. I remember many, many years ago --it wasn't here --but I remember there was an accident at an intersection in a town I was in, and the lights turned green all directions and, obviously, there was a Page 33 Page 63 of 3899 September 10, 2024 major accident. And so things do happen, obviously. That was a long time ago. MR. KHA W AJA: Yes, yes. COMMISSIONER SAUNDERS: With computers and things, that's --perhaps there's a fail-safe. But I want some analysis of that to make sure we're providing you the resourc~s you need to keep everything working properly. MR. KHA W AJA: I appreciate that. ~e'll do that. MR. MILLER: Mr. Chair, all our egistered speakers on this item are on Zoom. I think we have this square away now. We're going to start with Nathalie Ryczek. She'll be follo ed on Zoom by Kelly Farrell. Nathalie, you're being prompted t unmute yourself~ if you'll do that. There you go. You Have three minutes, ma'am. MS. RYCZEK: All riglit. ood morning. You know, as you said, my name is N atn:a ie R yczek. m sp,eaking today as a generally concerned citizen of Naples. I 0 0 five in Stonecreek, which is near Logan and Immokale in North Naples where that tragic aceident did hap en last wee lt And, of course, it's something that most de fin· te1 :X co la have been c0mpletely avoided. liis car accident kiHecl a motn:er. It severely injured two young children. J'his happened all Because a semi-truck ran a red light and struck the mother's car Sorry, I'm emotional about this because it affects me dee11l ){. I'm also a mother who drives through that same intersection multiple times every. single day with my kids. I'm sorry. And it's heartbreaking to know that this accident was entirely preventable; that the driver just stopped --if he could have just stopped when he was supposed to. Collier County Sheriffs Office, I know, has reported that there's minimum --has been a minimum of 11 car accidents at Logan and Page 34 Page 64 of 3899 September 10, 2024 Immokalee since June. That's at least one car accident a week, and I don't believe that figure has been updated. But changes need to be made not only at this intersection but across the entire city itself. I frequently witness drivers running red lights, and it has become so common that I 100 percent avoid being the first car at intersections to protect myself and my famil ~. While I'm not an expert --I know you-all have experts for th· s rpe of stuff --but my suggestion, you know, for some preventati e measures for future --to prevent future tragedies, one is speci . 1caHy --and I feel like it's the simplest, quickest fix --is to increase the delay Between red and green lights. As you know --I know the ma before e was just talking about how long the delays are and whatnot. Like, my suggestion was just going to be to imp em nt a longe pause between one side turning red and the other side turning green. e was saying that the minimum is fou seconds, but tfien he j ust speci 1ed that at Logan it's 2. 7 seconds for the light t0 tum from one speci 1c color. But I feel like --I mean, it coul cl just be even five seconds. Five seconds can ma ©11:he 6iggest ifference with saving multiple diffe:rent lives. t's not --or just preY@nting accidents, too. Even just inst lling red li ht ca eras. come from other cities where I lived up north where t ere were red light cameras. I know people complainetl about the fees, but I mean, that's what happens when you have red ligh cameras o when you want to pass a red light, essentially, or even to increase patrol presence on all these different roadways. I mean, Naples is only going to get busier with the amount of people that are moving here daily, so something definitely has to be done to fix that. I also signed a petition that's being circulated to advocate for the changes as well. Since it was created on September 5th, at this Page 35 Page 65 of 3899 September 10, 2024 point, there's almost 2,300 signatures and just more to come. So my hope is that you-all, as our government officials, hear everyone and make significant changes across Naples so that nothing like this ever happens again. MR. MILLER: Your next speaker is Kelly Farrell. She'll be followed by Kim Aquila. Kelly, you're being prompted to unmute ourself again, if you'll do so at this time. Kelly? Kelly Farrell? (No response.) CHAIRMAN HALL: All r·g t We'll co , e back to her. Kim Aquila. Kim, you're 15 ing prompted to unmute yourself at this time, if you'll do that for me. ~H ere yp u go, Kim. ou have three minutes. MS. AQUILA: Thank: r o , ~es. I'm another mother as well living in Naples, living close t0 tn:at intersection where that tragic accident recentl~ occun:ed. An(i Nathalie, guit honestly, took the words out of my mouth a d said eve thing tfi at I would like to express. You knew, I'm c0nstantly seeing drivers reckless throughout this town. J;hey're rec;kless, they're aggressive, they're running red lights, they're speeding, the ~'re weaving tli rough traffic, and I never see a police car 0.n the roa<l . I ne ~et do. And these issues, they seem to go unchec cl due to many things. But the lack of police presence, the absence o red ligh and speeding cameras, they just seem to be unchecked. And I'm not tfi e nly one --this recent accident has caused a lot of commotion, a lot of --you know, a lot of frustration in the community, and we're all saying the same thing: Yes, Immokalee's terrible . The whole town is terrible. These drivers are out of control. These roads are out of control. This is insane. So it's an ongoing bigger problem with just the drivers in this --in this Page 36 Page 66 of 3899 September 10 , 2024 community and the fact that it just seems to go unmonitored. And so, you know, I just echo Nathalie, and I would like to know what's being done to address this. MR. MILLER: Would you --with your --with your permission, I'd like to try the --Kelly Farrell one more time, please, Slf. Kelly, you're being prompted to unmute ourself, if you'll do so at this time, Kelly Farrell. (No response.) MR. MILLER: We still ha~e n 0thing from Thank you. That is all we have. COMMISSIONER SAUNDE ·ght. Mr. Chairman, what I'd li k e to do is u -his item couple of weeks. I'm not sure how i d need. Sheriff Rambosk is he if --before I make some sort of a m0 SHERIF , : oo , mmissioners. We have been re tra ffi ~ plans since this tragic event. I can tell y 0 e back. We want to give a full an o G • n our existing enforcement efforts. We Rave a professional gr oup of traffic enforcement, our stead (phonetic) but eau. -e also nave every deputy in the county that has been include a • n enforcement. I think what I wanted to do today, though, not get n1to tn a depth of presentation, but we look daily, weekly, monthly, e li old accountable the district lieutenants for looking at the number and types of accidents, the cause of the accidents, which we are going to bring forward to you the next time that we meet, but I think what is important, I believe, for the public to know is we are not waiting till we come back and present to you. We have already started additional enforcement efforts Page 37 Page 67 of 3899 September 10, 2024 particularly in the congested areas. We have a lot of them throughout Collier County. Some of our residents are not familiar with the 2,030 square miles that we are here to enforce. But we are out there right now. We're doing more enforcement. We're doing more information through different media, and we would like to come back and give you a full pFesentation on not only what we have done, but what we believe n€eds to be done in the future. We've looked at a lot of the com en.ts and iecommendations. We believe in many of them, and e ant to SUPP-Ort many of them. We'll come back with ideas and r CQmmendations on how we get some of those changes made becaus --you've probaol~ seen some of them. Some are not able to be done at t e oounty level. Some have to be done at the state leve l. We certainl~ want to pursue them. And we have a great working relationship ;with the Transportation Depart ent. Lfi ey help u . We help them with information. :' o think when yo put togetlier the engineering, education, and enforcement as a c0mmunity effort, we can definitely make changes going r0rth in the futNre. e OMMISS QNE:R ~AUNDER , : Mr. Chairman, that's my --~ goal was to get tfl at type of a full report and get some input from yo on things t at we Gan do to make our intersections safer, and that's g eat. I rea 1~ appreciate you being here this morning. I didn't see you i the audience there, so that's why I was getting ready to make a few w0rds --say a few words as you were coming up to the podium. CHAIRMAN HALL: He's the 10 o'clock certain. COMMISSIONER McDANIEL: Don't go away, Mr. Sheriff. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I haven't been recognized yet. Good morning, sir. Page 38 Page 68 of 3899 September 10 , 2024 SHERIFF RAMBOSK: Good morning. COMMISSIONER McDANIEL: How are you? SHERIFF RAMBOSK: I'm good. COMMISSIONER McDANIEL: My question is --and you and I have lived through the red light camera circumstances back in the day, and there was violations of privacy rights and 4th Amendment issues that caused the repeal of those cameras. Is there --and it's something --wh€ w.e do have --I'm all in favor of bringing this back and having a full re Grt. But is there --is there prosecution issues with a pictur of a tag, ot cl oes that have to be attached to a face? SHERIFF RAMBOSK: No. fact, of the questions that were of co , hen we li d light cam€ras in place have been rectified. ny citi€s and counties throughout the state of Flo n:ently using them. I can tell o d e t i tics here with me. I know we hav a 1n o ut I'm going to tell you that with er red light cameras were put in pla opping more than we did befo ou s, when you ask, is that we absolute! lieve ink they should be considered. CO ~SIO IEL: I --and I don't want to use Washington, Q . ., as ouv example, but in several of my trips to D.C., if you're riding in an Uber or a taxi, if that light's even thinking about changing, those guy s hrow out the anchor and stop, I mean --and they're crazier drivers than a lot of our residents are. So I would like to see the analysis on that if --you know, I'm assuming we're going to bring this back. I'd love to have this come back. I'd love to have some specific data with regard to the signal timing at the intersection of discussion. But I'm all in favor of Page 39 Page 69 of 3899 September 10, 2024 bringing this back. COMMISSIONER SAUNDERS: How much time, Sheriff, do you need, and how much time does staff need to bring this back? I'd like to bring it back at our next meeting if that's possible. SHERIFF RAMBOSK: We're ready. We have everything in place. We've already decided what we want to do for recommendations. COMMISSIONER McDANIEL: Let's go ahead and do it now, then. SHERIFF RAMBOSK: 0 ay. COMMISSIONER McDANIEL: SHERIFF RAMBOSK: I can • y re dations right now, so ... COMMISSIONER SA this way the public will be on notice. This w tl to e ag a; I added it after the accident. And s ' ti is for tw _ eros, Mr. Chairman, I'll make that mo ic e the Sfi:e will come back with suggestions on 1ght i safety of our intersections and traffic contr taff wil me back in terms of making sure tnat tli e e sure these intersections are operating as p t motion. COMMISSI ~NIEL: Second. CH AN HALL: Al1 right. Motion and second to extend till the next meeting. b\Jl in favor, say aye. COMMISSiO E& McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All right. Page 40 Page 70 of 3899 September 10 , 2024 Item #l0A RESOLUTION IN OPPOSITION TO AMENDMENT 3 TITLED AS ADULT PERSONAL USE OF MARIJUANA, WHICH IF ENACTED WOULD AMEND THE FLORIDA CONSTITUTION TO LEGALIZE RECREATIONAL MARIJUANA IN FLORIDA. (ALL DISTRICTS) RESOLUTION 2024-169 : OTION TO APPROVE BY COMMISSIONER KO , A~; SECONDED BY COMMISSIONER SAUNDERS -QQ PTE'.Q MS. PATTERSON: Com ners that nn to our 10 o'clock time-certain. This is I is is recommendation to adopt tfi e-attach in oppos1 ion to Amendment 3 titled as "A aul al U arijuana" which, if enacted, would amend the Fl , tit legalize recreational m lo • ought to the agenda by Commissi CHAI e COMMI . ank you, Chairman. W ell, a lo e 1nes w ere we had the resolution a few wee R:s in refr ndment 4. I mean, this is basically a resolu I'm brin rwar , and hopefully my colleagues here will see the reasonin ind why I'm doing it, and, you know, bringing attention to eople of Collier County and the voters out there to basica own homework when it comes to these amendments that you're going to see in November on the ballot. Twofolds reasons behind this, and one I'll just get out front right now, is that you have to understand that this got on the ballot because there was a lot of --lot of money outside of the state of Florida that paid to have this on the ballot. It's --you know, it's not really internally brought forth by the voters. This was backed by a lot of Page 41 Page 71 of 3899 September 10, 2024 money by some big people that want Florida to fail in the future because they don't like the fact that Florida is --what we are and what we stand for is a, you know, sound constitutional conservative state, and it doesn't --it doesn't mirror what the rest of the country or a lot of areas in the country are moving towards, and they don't like that. And, secondly, just the --just the hist0~ of --you know, we just sat here and talked about accidents on the roads, and now we're talking about changing an amendment 111 our constitution to allow a use of a controlled substance that , o ,ld definite ~ increase our driving while under the influence of a substance on our roadways. It would slow people's reaction time clown, and ·1 would just put a greater burden back on ou la-w enforcement to enforce this, you know, let alone dealing with'. t ea cohol, ~ou know, being used recreationally, you know, anti driving, getting behind the wheel of a car. Now we w0ula have a whole new gr0up of people, you know, getting in contro of a aeadly machine like a v hicle and operating while possibly unde the influence of some sort of controlled substance:~. -- 5;o, 3/0U imow, it ould just aefinitely increase --I think we would see an upticl< like t e;:: have in other states like Calif omia, Colorado that have made th·s move several years ago. And not only it would bring --you Willow, we have to face the facts that, you know, we do have people tha do break the law in this state. We have people --you krl0w, rug dealers that will take advantage of having a new product to sell on the streets legally. You know, I saw --I had the opportunity to be through a couple different decades of working in law enforcement, and we could see --you know, drug dealers are people that take, you know, the chances to --or to better their business, and the bottom line is to make the money. And if you give them an avenue now to sell Page 42 Page 72 of 3899 September 10, 2024 something on the street and undercut the legal marijuana being sold out of dispensaries, they will take advantage of that, just like they took advantage of the pills when they hit the market, just like they took advantage of when heroin came back. You know, they switch up; they change their game. And this is all pushed by the cartels from South America. And you'll see it. You'll see it in Flo Fioa ·f this gets passed. You will see it on the streets. You'll see P,eople buying that from them instead of from the legal dispensaFies, oecause --it's just like anybody else, we're going to bargain nop, right? Well, the people that use this are going to bargain shQp, too, and it's going to dump a lot of money into the hands of the drug dealers and the eople that you really don't want to h v the mone-x o take it out of the system that aren't going to be contto 1 a. So --and the other thing ts the access t a our children are going to have to it. Y 0u lm ow, an adult 21 '.Years old o older will be allowed to pur hase it. It will Be in the home now. And I know when I was a kio, w.hen] was 12 years old, I stole my grandfather's cigarettes and gave tl1em a try, ¥.OU · ow. And if it's readily availaol ana it's lega, tflat will --the average children out there that, you mow, kind ot:u derstand that its not legal, or it's not a good thing to o now are going to see that, well, there's nothing wrong with it; I c0 ld give it a lfY. And then we're going to create a whole 'nother generation of people than don't ev.en understand --that don't even know that they have an addictive pei;sonality that are going to take the chance now because it is legal. And the only thing that kept them from trying it before was they had the wherewithal --or the internal --you know, to obey the law. And then when they do get the opportunity to try it, they're going to find out that we're going to create a whole 'nother addictive society out there that never would have tried it before. Page 43 Page 73 of 3899 September 10, 2024 And then who knows what direction it will go from there. You know, you're going to hear a lot of people say, "Well, you know, our veterans with PTSD and all these different things, the medical side of it." We have medical marijuana in the state of Florida. It's very easy to access. I don't know anyone that's ever been turned down for a medical marijuana card that I've ever met yet in the state of Florida. So that's a moot point. And don't believe in t at. That's not the reason behind it. There are going to be a few speakei;s here ftlday that are going to talk on behalf, and there will probafily be some that will oppose it. But just keep an open mind. And ] felt this was imnortant to also bring up and let the people of Collie ~ounty know at least how I feel and hopefully my colleagues up here will join me in that. CHAIRMAN HALL: <S ommissioner Locastro. COMMISSIONER Lo ~AST-RO: ThanR )(OU, Chairman. We spoke about medical marijuana rrevio sly, and this is --this is different. • is is aoout recreati0nal marijuana. So I just --before we get a thousand e-mai s after this BCC meeting is over, I just want to remind the nubh<3 that tli r 's a difference. When we talked about medieal -arijttana, I oon't know about you-all, I got so many e-mails from ~eople, "Pleas don't legalize marijuana," and, you know, trying to explain to them tfi at we weren't --we weren't doing that at all. I'm tR€ only commissioner with a legal dispensary in their district, and i~s because the approved dispensary's on Marco Island. Marco Island's a municipality, so there is a medical marijuana dispensary on Marco City because the Marco City Council approved it. And I only say that because when it comes to medical marijuana, just as Commissioner Kowal said, it is available in Collier County on Marco, and people come from all over to go to Marco. And, you know, my expectation is that they're legally obtaining it. I visited that dispensary several times unannounced and, you Page 44 Page 74 of 3899 September 10, 2024 know, found no issues. They're not breaking the law. And it's on Marco because it's a municipality. But just as people come to the podium here --I remember when we were having this conversation about medical marijuana, and there were people that came to the podium and, you know, made some big points, but their point was about recreational arijuana, which wasn't the topic. So there is a difference. And, you Know;, I welcome this discussion, but this is something totaH f different than what we discussed last time where --and d"d shoot do n recreational --or, I'm sorry, medical marijuana in Hier County, or we ecommended that we didn't --we didn't move f orwar-d. And then I said --yo know, I re iterated that there i the ability to get medical marijuana in ~0 lisr Count~. It's on Marco Island. Because there were several people tli at cam to the podium and said, "Oh, we have 100 miles ,. and we have to g0 deen into Lee County," and, you know. that's n e t the case. Ht tfi at's a different issue. But I just remind the wublic, there's a difference between medical mar ijuana, hich is apP.roved and legal in some counties and in some muniei12 alities, and then this is a different issue about recreati 0nal marijuana tfl at is, you lrn.ow, coming to the voters. COMMISSIONER KO W L: I just want to clarify something real quick. CHAIRMA'N HA : Go ahead, sir. COMMISSi ON E~ KOWAL: Commissioner LoCastro is referencing to when e put a ban on brick-and-mortar medical marijuana dispensaries in the unincorporated Collier County. We did not put a ban on medical marijuana in Collier County. COMMISSIONER LoCASTRO: Right. COMMISSIONER KOWAL: You can readily get it through the mail. They have delivery services. You can drive to one of the Page 45 Page 75 of 3899 September 10, 2024 dispensaries. You can possess medical marijuana in unincorporated Collier County. I just wanted to make that --clarify that for people if they misunderstood what was being said, so ... CHAIRMAN HALL: Do we have registered speakers? MR. MILLER: Mr. Chairman, we have seven registered speakers today. We'll begin with Rae Ann Burton, and she'll be followed by Jessica Liria. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton, Rural Golden Gate sta es. 'm here today to request the Board to adopt the res0'lut • on opposing ~mendment 3, legalizing recreational marijuana. Recreational marijuana for personal use, ot medical, can help with pain but also destro)'(S thinking, creates erase burning [sic] issues. I went online. The ical [sic] Health Services Administration stat e nsks. Brain hea los f your IQ, and it will not come back Me,ntal healt ion, anxiety, suicide, psychoti e episodes. thletic perf0 Your timing, movement, and coordinati~n. Also y r driving is --un er the influence can create dangerous effects, slowet reactions, line [sic] weaving, decreased coordination, and difficulty reac in t0 signals and sounds on the road. Even a baby's R€alth can be altered because of the --THC goes to the baby through the mother's breast milk --can impact a baby's health development. Daily life: Marijuana affects performance on how people react in life. It shows that marijuana's [sic] likely to have relationship problems, worse education outcome, lower achievements, and reduce Page 46 Page 76 of 3899 September 10, 2024 life satisfaction. I have seen some of the effects of marijuana on people that use it daily. I saw a young man who was bright totally almost become an idiot because of the use of marijuana. It is not --it may be good for health reasons, medical reasons, but for a daily use, no. We already have enough problems with legalized alcoho being used on our roads. We don't need people using legalizecl arijuana on our roads. I have printouts for everybody here fro that report if they would like them. Thank you. MR. MILLER: Your next s eaker is Jessica l-iria. She'll be followed by Diane van Parys. MS. LIRIA: Good morning, ~o missio ers. M name is Jessica Liria, and I am th~ aii::ector of preven ion and edu()ation with David Lawrence Centers. For my 11 years at DL ~, I na\le s11ent ost of my time working to raise awareness ancl educate the community, mostly youth, on the risks of substanc se. I stand befo e ;::ou t@day requesting your support for a resolution against Amendmen 3. I 2016, medical marijuan was legalized in Florida. Unfo nately, I w·tnessed f:irsthancl the message sent to our communit)"'s youth. In a str--ange tum of events, students as young as 10 years o d were attemi:>iting to educate me on the benefits of using marijuana, falsel ~ convinced that it was safe and even healthy. The Florida ~outh substance abuse survey administered to middle and high sc ool students the following year proved the disappointing reality. The overall perception that frequent marijuana use could cause harm decreased by nearly 4 percent, meaning one in three students perceived use to be low risk. It took statewide prevention efforts nearly seven years to recover from this damage. Yes, Amendment 3 would allow adults of legal age to use Page 47 Page 77 of 3899 September 10, 2024 marijuana recreationally, but we know the underlying message that it sends to youth. With its legalization, we can anticipate another decrease in our youth's perceived dangers of marijuana use. At DLC, we currently have 11 percent of youth in treatment services diagnosed with a cannabis use disorder. I fear this will definitely increase if we witness the Amendment 3 passing. One last thing to consider: 90 percent oP adults facing addiction today started using substances before the age Qf 18. It is our responsibility as adults and commun ·,1Y. leaders 0 protect their developing brains from mind-alteri ng substances. Thank you for your consider"1t ion. MR. MILLER: Your next speaker is r.Jtane van Raiw s, followed by Jessica Spencer. Ms. ~a Parys has oeen ceded three atiditional minutes from Yvonne Isec e. Yvonne, could you raise our liand to i dicate that you're here. (Raises hanet.J MR. MIL ER: 'F here she is ac K tli ei: total of six minutes. MS. VAN ~ YS: if hank ~ou. Diane van Pary. , l~-year resid€nt of Collier County. ZIP Code 3411 . A:na 'm here epresentin Pr@serve Paradise. We were here a wnile back a few mont , s ago with banning medical marijuana dispensaries. I don't want t@ SP.eak about that, but now that we have Amendment 3 , I do wan to give you some facts from where we are. We have 85,000 card-carrying members of medical marijuana. That's an 85,000 in Gr ease since the last time I spoke. And what's really important to untlerstand is there are 673 dispensaries. This amendment will now allow those dispensaries to be the first to carry legalized marijuana if that amendment passes with the 60 percent vote. Trulieve, which has provided $75 million towards this amendment, they represent 22 percent of the dispensaries in the state of Florida. So I wanted to make that comment. Page 48 Page 78 of 3899 September 10, 2024 The next thing I wanted to talk about is the car accidents and everything. Colorado, as Dan Kowal said, did have a 25 percent increase when they legalized marijuana. I'm from Taxachusettes. They also legalized marijuana. But in 1980, a study was commissioned by University of Massachusetts where I went to graduate school, and it was dealing with the car wrecks that were occurring in Amherst, Massachusetts. And t ey did a study and discovered if a student was on --drunk, the ~ saw a telephone pole or a tree, they swerved, and they avoided the accident. If a student was under the influence of marijuana, , hieh back the , ~ou know, was --THC was much less quan ity ·n terms of what it is today --they actually went straight £ the pole, and tfi e ere killed. That study was done by t e police department and Unive Fsity of Massachusetts. And in 198~ we didn't have the information to put it out over the computers. I'm s re it's all lost o~ now, but we are seeing crash increases • n every single sta e that has put in legalized .. manJuana. The next tRing I want to mention is our governor has come out against the amendmen , as e hope x ou all will do, but we do have peoP,le that l'iave come out for it. J\:n ci the one thing I want to say is we ce ainly don' have money on our side, but we do have the fact that --we had Ken Gri ffin, a Billionaire, who came out with $12 million to fight the amendment. I don't want to gef into national politics. You'll be hearing, but it started on Lao0 :Day: weekend, continued till Sunday night, President Donald . J; mp that's running for president has come out in favor of --in favor of the amendment, but he has also said he doesn't want it to be used in public spaces, and our legislation will handle that. Right now that is up for discussion whether or not the legislation will be able to implement any laws regarding use of the legal marijuana. Page 49 Page 79 of 3899 September 10, 2024 I would like to say, "Do not California my Florida." California and all the other states have seen the cartels take over the market. In fact, California is down $157 million in their tax base for the legalized marijuana, because they're not getting it. In addition to that, 21 percent of the legalized marijuana dispensaries have not paid their cannabis tax to the State of California, s0 that's another thing. The taxing issue hasn't been decided. That w0uld be decided by our legislation. Now I'd like to take this time to read a m ssage from Don Hunter. He couldn't be here today. I learned of your effort to create a resolution to eject Amendment 3 on the Florida ballo t. ad no : ed to per Qnally be present to support your resolution but eanno • be present this morning. I fully endorse your re 0luti0n without ualification. As SW AT commander for eigh ears a ell as c0mmander of vice and narcotics enforc . ent, I repeate ~Uy confro ted tli ~ abuse of marijuana. U ers were found to su ffer a c0no ition ref erred to as amotivational sy r ome, and frequently the same subjects were intent on self-harm. ederal lanas --federal lands in the Everglades were used to cultiv te crops, and ersonally lea teams rappelling in to destroy these elicit grows. Operations Everglades an a Trident were conducted during my tenure as commander of both CCSO elements, and these were entirely the resu t o t organized criminal production and importation of marijuana. Finally, the mere presence of pot shops and their commercialization and advertisement sends a message to our youth that marijuana is not harmful. Conversely, the potency of manufactured cannabis product is nearing 100 percent with synthetics, and our federal government has still not rendered any Page 50 Page 80 of 3899 September 10, 2024 opinion that there is an established medical application for cannabis that supersedes the harm and abusive behaviors with this drug. We do not need to further this self-inflicted harm by allowing passage of this amendment. The record in the Rocky Mountains HIDTA is replete with documented harm. Don Hunter, former Collier County Sheriff. So, in conclusion, we appreciate Commissioner Kowal for bringing this forward, and we certainly hope that you will vote yes on voting no on Amendment 4 [sic]. Thank you. MR. MILLER: Your next s eaker is Jessica Spencer. She'll be followed by Steve Brooder. MS. SPENCER: Hi, good mo ing. My name is Dr. Jessica encer, antl I am the directl'l P of advocacy for the "Vote No on ' , ampaign. May it please the Commissioners. I want to thanK Cclmmissioner Kowal for putting this forward. I certainly hope that tli rest of the commissio ers please vote and back him up on this. I first want to sa fia yQu. ~ a community and as the comm nity members being here, this • wonderful to see, and it's impo nt to see t a ~ouF c0nstituents are interested in not only what is happening in all o t the other issues, but especially this one. Four, erJiaps the ,ost important reason, that this is a constitutional mendmen!t, and constitutional amendments are forever enshrined in our tate constitution, and it is extremely difficult, if not impossible, to legisla -e our way out of the language. A lot of highlights have been made already in opposition that I completely agree with, but I do want to highlight a couple of important things that if you have not read the amendment, please do so. It is important to recognize what is not only written but what also is not written. Page 51 Page 81 of 3899 September 10, 2024 Again, thank you for creating a culture of protection for not only your beautiful county but, effectively, our state. This is about a monopoly coming in and spending $75 million to ensure this passage. In other states, there is an allowance for small business. This amendment does not allow that. This is about corporate greed. This is not about personal freedom. Many are interested in the personal freed0m aspect to be able to grow their own marijuana. And, unf o natelJ, the author for those individuals --unfortunately, the auth0r di cl not include the word "cultivate" for personal individua ,,; however, the ord "cultivate" does fall under the medical marijuana treatment centers that would automatically be allowed to have a r-ecreati0 al dispensar,x . Huge, important issue for people that want to nave personal freedom. The other big point tHaf has already been brought up but I would like to put out there for eve one t0 nderstancl that they anticipate this being a $6 billion industry, not only making it the largest legal cannabis marl{jet in the nation, bat tli e world. Florida doesn't deserve to be on the map, Qt onI ~ in our oou try but internationally, as the largest reereational cannab· s an ita l. ot only does it allo._w that, tfi:e author wrote in "Possession limit of 3 r> ces," whi C3 n is tli'e largest amount in our nation. No other state that has marijuan recreat" onal allows for that much. It also allows for smoking everywhere. It does not ban public smoking, and e will M.ave this and smell this everywhere in not only Collier County out o, r entire state. Please suppo tli1s resolution and vote no on 3. MR. MILLER: Your next speaker is Steve Brooder, and he'll be followed by Lenard Rutkowski. MR. BROODER: Good morning, Commissioners. Steve Brooder with the St. Matthew's House. We've already covered several things. I just want to add, as an Page 52 Page 82 of 3899 September 10 , 2024 organization that deals with addiction and homelessness every day, we believe that Amendment 3 would lead to more addictive behavior, more homelessness, and we're really concerned about the effect or impact on our children, young adults subjected to widespread .. manJuana use. The amendment doesn't limit where peop e can smoke marijuana. Amendment 3 will change Flonda forever, as marijuana would be all over the place, just like Colorado and California. Passage would mean more impai ed arivin g, more respiratory issues, more heart disease, and mo r e addiction f o adults and children. Marijuana is still a Schedule 1 drug, w n i~h means there's no medical use for it , and there's a high prqpens1ty for abuse , placing it alongside drugs like heroine an L SD. The amendment carries t e nation's highest limit, as Dr. Spencer just mentioned, w n icfi is equal to 100 1oints . In e '70s, marijuana typically containe 2 OF perce t H cont nt. Today it's as high as 90 percent TPI C content. Can ou imagine 100 joints with that level of J:H G, what n:at co a do? , igh-potenc)" products are or e ati dictive and result in worse healt outcomes f0 users, especially teens and young adults. Higher THC content has stron er effe ~ts on brain function , specifically memory, le ming, attention, decision-making, coordination, emotions, an o eaction time. States that have legal marijuana have seen an explosive. blacktin arket, as was mentioned, and increasing rates of youth drug se. Street marijuana will proliferate. The black market will price below the retailers. Young people are more susceptible to the adverse effects of marijuana . Research has shown long-term use in young adults causes psychiatric disorders such as depression, bipolar disorder, and schizophrenia, and this is especially in young men. Page 53 Page 83 of 3899 September 10, 2024 If a user is below the age of 18, they are seven times more likely to develop cannabis-use disorder. More teens seek treatment for marijuana use than any other drug today. And the new national study found that for both male and female young adults who are daily marijuana users, violent behaviors are nearly twice the violent behavior rate of those who do not use marijua a. St. Matthew's House urges this board today to vote in opposition of Amendment 3. Thank you. MR. MILLER: Your final registei:ecl sp€a er on this item is Lenard Rutkowski. MR. RUTKOWSKI: Good morning. I'm LenaFd Rutkowski. I'm a retired neurosurgeon. As a speaker, . ve been ef ore this city commission, lectured a Ave Maria ~aw School, and commented on the Internet expounding tli e erils of recr€ational marijuana. I will def end every wore I say. ith documented medical literature from the non-biased sources an a institutions. Two, the ne are multif}le sid~ effe a-ts, unto 1/ ard consequences of using marijuana, es P.eciall)f in young adulthood and in long-term usage fo F adults themselve Again ,. s _ ecifically requested, you can contact me, and I'U pro:v1de my e-mail or make a personal appointment to answer an~ Qf your specific questions. THF e , common sense i~ a realization that you will --that youths will have access to mariJuana as they have over the decades with alcohol. This ould b,e a consequence of widespread marijuana availability. It 012 ens t e door to abuse. Number four, in reality, this is not a positive health issue as propagandized by the tens of millions of dollars by those marketing this drug. Next, my major point is there is no doctor control in the distribution and monitoring. The marijuana industry has phone doctors paid to rubber stamp applications and to denigrate the Page 54 Page 84 of 3899 September 10, 2024 professional standards of "do no harm" as we live by. Next, rest assured money dictates this movement, not compassion. One argument is free will. If you want youths to suffer the consequences of marijuana in conjunction with alcohol and other drugs as a gateway drug, that's a decision made by society. God help us. Lastly, I pray common sense is used f,0r th'.e long-term benefit of the society. Thank you. MR. MILLER: That is our £inal speaker fo this item. COMMISSIONER KOWAL.,: Could I just -- CHAIRMAN HALL: Go ahead. COMMISSIONER WAL: pologiz 've had --I got a bad earach ur Sheriffs here right now. I know he wanted to say a f e nd t s trying to prompt our County M d th but we jumped ahead, so I'm s SHERIFF : , gain, Commissioners. I s eke with r owa and wanted to let him know how 0ur position and the positio of the Florida Sheriffs relates to the supp0 of his reqt1est. You know, first of all, i think for over 40 years, I've been fighting elicit drugs. I started as an undercover narcotics officer, became the com antler of the Collier County Narcotics Unit, then on to being the Chi ef o PoEce and the Sheriff of Collier County. Throughout tfl at time, I've seen a lot of what was discussed here this morning and certainly support that, so I'm not going to go over all of that again. But I think a couple of important things, as a member of the Florida Sheriffs Association, we took a position and did a proclamation, both individually supported by me and collectively Page 55 Page 85 of 3899 September 10, 2024 supported for the state of Florida sheriffs. You know in 2020, 24.3 percent of drivers involved in fatal traffic accidents tested positive for marijuana. That is up from 14.3 percent the decade before, and that's before we had medical marijuana. That's before we're talking about recreational marijuana. So it's already there. I've spent time with the Florida Sheriffs . ssociation and the National Sheriffs Association around the nation being present at and providing information. One, listening ma ~ times to the state of Colorado law enforcement speaking ab0ut the • m acts that they've seen since the approval of recreat • onal marijuana ; all negative, by the way. One of the interesting things was, ou lrn:ow, it sa~s, well, there's going to be tax revenues 0enefit to the tate of Florida, and in Colorado, they determined tfl at fo every dol ar in tax revenue, it was offset by $4.50 worth of healthcare utilization and lost productivity, which I thought was really pre tY-interesting. The commissioner already menti0ned tliat it has failed to curtail black market us e.. I mean, let's face it, black market operators and cartels, they do no want t Be regulated. They are not going to be a part oft is. So we are still going tG have to fight that. nd the othe thing is, tates that have implemented recreational marijuana, their crime rates ave grown faster than those without, which I thought was a pretty te ling situation. So I'm j st going to ead this last section, because I don't want to misrepresent wRat the Elorida Sheriffs collectively have said. And I'm not going to read he whole resolution. But the Florida Sheriffs believe the efforts to legalize recreational marijuana is contrary to the interests of public safety, health, and welfare, and it desires to preserve the rights of citizens to live and work in a community where drug use is not normalized and the citizens are not subjected to the adverse effects of drug misuse. Page 56 Page 86 of 3899 September 10, 2024 We can't even handle alcohol, so this is not going to do any better. Thank you. CHAIRMAN HALL: Thank you. Before we go to the --before we read that, County Manager, I think we're trying our best to get to a --to get to a vote. So if we can keep our comments a little bit brief, I'd like that. Commissioner LoCastro. COMMISSIONER LoCASTRO: ;fhan you, Chairman. I just to want say this one's a no-brainer tor e to support, just like Amendment 4 was. But one of the things I want d to ask Mr. Klat2)KO for the sake of the record is to explain what a res lution is and what it isn't. When we unanimously p ssed the reso utioa for Amendment 4, how many of us got e-mails from peop e that sa1cl, I can't believe you've taken away my rights as a w0man. "I can't believe you've changed the law. I can't elieve you've cl one ;his." And the resolution did none of those tfiings. So just for the sake fl specificity and accuracy, before we take a vote, M r . &latzkow, can ~ou • st gi v.e us a short summary of what we might be al5out to do here if tli is 12 ass£ed and what passing a resolution does and what it o oesn't ci o. M . KLATZKG)W: W en the Board passes an ordinance, it creates legal 0bligations on people. When the Board passes a resolution, it simI,?ly states what the Board's position is on an item. COMMISSi ON£~ LoCASTRO: Right. MR. KLATZ ~QW: It's not binding on anybody. COMMISSIONER LoCASTRO: It doesn't change the law. It doesn't --we're not putting pressure on voters. We're just mainly stating our position on this particular -- MR. KLATZKOW: Yes, sir. COMMISSIONER LoCASTRO: Thank you. Page 57 Page 87 of 3899 September 10, 2024 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, good morning. You know, I've been --I've been thinking a lot about this, and I'm going to support the resolution today, Commissioner Kowal. Your intent --I really appreciate your intent with this. You and the Sheriff laying in the ditch tyydng to apprehend people who have been illegally selling dru , s at all, I can't even --I can't even come up with what, imaginably, ~ou've experienced in your life. My support of the resolution prominently Has to do with its poor written condition. Now, the on gnestion I have, int e resolution itself I noticed that you added --I assume ~o added, somebody added it in here, because my understanding ef the actual amendment doesn't provide for cultivation, But in the heading --"cultivation" is in the heading of this resolution. And so I woncl er i mayb~ we sh0ul a minimi!Ze the verbiage up top and just suggest --suggest that fo k:s ecl ify themselves. You brought that com ent u~ early on and, in all candor, it's what sold me on supP,oFting this res 0 lutio , and tll at's how important it is for our publi e to eaify tli emse l;ves with regarcl to an amendment, the codification of an mendment sucli as this into the Constitution without eeing the la , and tli at's an important factor for folks to understand. The law • s going o be created if, in fact, the amendment passes. And that --and w.e have little to no input on that law. That's my concern. That's my. rationale for supporting your resolution here today. I'd like to change the language so that it just specifies the --it doesn't actually add in that cultivation process on it. I have other thoughts. I have other --I have other --I have other comments as we go forward. If this passes, I want us to bring Page 58 Page 88 of 3899 September 10 , 2024 back some recommendations to our legislature on how to manage that inevitable tax increase. We have had several speakers here with regard to mental illness, mental health at large. If, in fact, this passes --and right now it's polling pretty high. It's polling pretty high. If it does pass, I want to better manage the tax revenue and have mandates from the State to bring those reve ues back to the community so that we can deal with the mental wellness of our community and have that mandated 00ming Back. You know, President Trump's reeommendaf ons or suggestions with regard to the inordinate amount of expense within our judicial system, within the incarceration of folks that have been a ested for theoretical de minimis possession, those, as this, are legislative issues. Those are things t at need to be tlealt with at the legislative level and not in a constitution l amendment. So those ar y --are those comments snort enough, Mr. Chair? Okay. COMMIS , 0 ER SAUNDE ~S: No. If you could shorten them, that w0uld be gF€ t. e H A'IRMAN HAL1..: Y eali. '.r00 late. ~<9 MMISSI© ER cDANIEL: I'm going to support the --I'm going to SUQport the t esolution. How's that? CHA RMAN HAL : Commissioner Saunders. COMM S~ ONER SAUNDERS: Thank you. First I wan to tnan Commissioner Kowal for bringing this forward. I expect this to be a 5-0 vote. I will say --I've got a couple comments on it. But in reference to the word "cultivation" in the title, along the lines of "words matter," it does say delivery and sale of recreational marijuana, so it's only dealing with recreational marijuana. It's not dealing with the legal cultivation of cannabis for medical purposes, so I don't know Page 59 Page 89 of 3899 September 10, 2024 that there's a problem with that, but --because again -- COMMISSIONER McDANIEL: That's fine. I just saw it coming up there when I was reading it, and I wanted to bring that forward, so ... COMMISSIONER SAUNDERS: So in terms of just a few of the comments, Commissioner Kowal's statements were correct. If you take a look at what's happened in Colorad0 --and one of the reasons why criminal gangs support these t¥JJ€S of amendments is because it increases the number of users of marijuana. If you legalize recreational marijuana, you'r going to hav€ a whole lot more people using marijuana, and that'~ good for the illegal market because, as Commissioner Kowal sa ·a, the illegal market, they'll undercut the price of the lega market, nd you'll just have a lot of folks that are trying marijuana. ~ou'll haYe an increase in the number of marijuana users. }\hen ~o '11 have also the hospitalizations an eV€[Ything, traffie accidents that go along with it. This lega has not worked well anyw • t adopted. It will not wor tl a, and I just want to applaud Comm1ss1oner is forward. I support this resolu olehea C N HALL: st follow suit with, I like --I like cultivation. it even said "imagination." I'm wholeheartedly behind you. you w ant to make a motion to get this -- CO MMIS SI ONER KOWAL: Yeah. I would like to, if we could, read the actual resolution into the record, and then I'll make a motion. After that -- MS. PATTERSON: Yes, sir. This is Resolution 2024, number to be determined on adoption, a resolution of the Board of County Commissioners of Collier County, Page 60 Page 90 of 3899 September 10, 2024 Florida, opposing the legalization of the use, possession, cultivation, delivery, and sale of recreational marijuana. Whereas, the Board of County Commissioners of Collier County, Florida, has been made aware of Amendment 3, a proposed amendment to the Florida Constitution that is scheduled to appear on the November 5th, 2024, ballot; and, Whereas, Amendment 3, titled as Adult ersonal Use of Marijuana, would amend the Florida Consti tion to legalize recreational marijuana by allowing adults 21 y ars or older to possess, purchase, or use marijuana 9 oducts ana arijuana accessories for non-medical pers0nal consumption an allowing state licensed entities to acquire, cultivate, process, anufa c: ie, sell, and distribute such products an accessories; and, Whereas, since 2012, se ~eral states ave legalized the cultivation, commercial sale, and recreational use of marijuana; and, Whereas, the egalization nd co mei:cializ tion of marijuana have spurred t e growth of a profit-clriven marijuana industry that has pursued its profits ahead of pubic ealth; and, Whereas, between 012 and 202 2, the number of past-year marijuana use F early doubled f-r om 3 .5 million to 61.9 million; and, Whereas, bet een 2020 and 2022, the number of Americans with cannabis-use disoider inc ~eased from 14.2 million to 19 million based on the DSM-V criteria; and, Whereas, i 2022, ore than 30 percent of past-year marijuana users had a cannaBis se disorder; and, Whereas in 20 22, there were more past-year daily or almost daily users of marijuana than alcohol, with 15 .1 million and 11. 7 million respectively; and, Whereas, following legalization in California and Colorado, emergency room visits and admission related to marijuana abuse is up 89 percent in California, and marijuana-related hospitalization in Page 61 Page 91 of 3899 September 10, 2024 Colorado increased 148 percent; and, Whereas, the Board believes that the effort to legalize recreational marijuana is contrary to the interest of public health, safety, and welfare, and desires to preserve the rights of citizens to live and work in a community where drug use is not normalized and citizens are not subjected to the adverse effects of drug misuse; and, Whereas, the average potency of marijuana increased from 3.75 percent THC in 1995 to 15.80 percent in 2018. The use of high potency marijuana is associated wit tHe devel pment of anxiety, depression, psychosis, and schizo fi r nia in addition to cannabis use disorder; and, Whereas, our roadways must remain safe for our G • izens to use, and the legalization of marijt1ana runs Gontrary to the goa:l of keeping our roadways safe for our c • ':z ns In 20 , 24.3 percent of drivers involved in traffic fatalities este • positive for arijuana, up from 14.8 percent in 2013; and, Whereas, adv oca es of mari~uan iegaliza:tion routinely overestimate the evenue that will be collected and fail to account for the limited marijuana tax reyenue co lected is offset by even greater costs to taxpayers, ranging from aa ditiClnal healthcare costs to more students dropping out of igh school; and, Wher€as, in Col rado, eve,:y one dollar in tax revenue from the sale of marijuana was associated with $4.50 in costs ranging from increases in B€althcare utilization to lost productivity; and, Whereas, a 1 states that have legalized marijuana have failed to curtail the illicit marJ<:et, and drug cartels continue to exploit these black market sales because they do not want to operate within a regulatory system; and, Whereas, states that have legalized marijuana have had a profound impact on rates of youth use coinciding with decreases in risk perception and increases in illicit behavior; and, Page 62 Page 92 of 3899 September 10, 2024 Whereas, a 2022 analysis of a longitudinal cohort study of 21,863 individuals found that youth in states with legal recreational marijuana were more likely to use marijuana than youth in nonlegal states; and, Whereas, a recent study found that recreational marijuana legalization was associated with a 25 percent increase in adolescent marijuana use disorder; and, Whereas, marijuana legalization ad ocates have argued that legalization will reduce overall crim , :but in legal states marijuana crime rates have risen at a faster rate tli an other states across the country. Now, therefore, be it resolved hat the Board of County Commissioners of Collie Ce>unty is strong ¥ opposed to th e legalization and commercial ization of rec t eational marijuana and the proposed Amendment 3. COMMISSIONER KOW~L: ~11 right. That's a mouthful. I would like to necgmmeNd --mak e a motion to pass this resolution. COMMIS ~IONER SAUNDE ~S: And, Mr. Chairman, maybe the reco rd should refleet the four se e.onds to this motion? e H A'lltMAN HAL1..: Four econds. (:<9 MMISSI© ER cDANIEL: Perfect. CPI IRMAN H~LL: ~11 in favor, say aye. COM ISSIONBR McD ANIEL: Aye. COMMIS~.ONER oCASTRO: Aye. CHAIRMA'N H~LJ L: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: 5-0. (Applause.) MS. PATTERSON: Commissioners, time for a court reporter break? Page 63 Page 93 of 3899 September 10 , 2024 CHAIRMAN HALL: It is time for a break, yes. We'll see you back at 11:05. (A brief recess was had from 10:52 a.m. to 11 :05 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right, County Manager, what does that bring to us? Added Item #l0D COUNTY ATTORNEY, WORKING ITH sn FF, TO TAKE LEGAL ACTION AS NECESSA~ , INCLUDIN ci F-ILING A LAWSUIT OR CODE ENFORCEMB T Q~ E, WI 'F ESPECT TO AN OWNER OF TWt ) Q OGS WHO SHE LETS RON FREE AROUND THE NEIGHB G), GOD. ( OMMISSIONER SAUNDERS' REQUEST) -MO TION TO ti CT THE CAO TO ENFORCE THESE :CfENS, IN <S RE ~SE ~HESE LIENS IN THE ORDINANCE , WREfE ANN IN C Ek SE i\NY FINES THROUGH TH~ SPEC ]~ MA !STRATE THAT CAN BE LEVIED IN =f HIS ~ASE B ~OM ISSIONER SAUNDERS; SECQNQ]~]) B Y1 CO MISSl e)NER 'ALL -APPROVED (;1 so ~~ hb. M~. ~ TTER N: u ornm1ss1oners, t at nngs us to our add-on Item l0D, and after we do this one, I'm going to suggest that we go to the -one of the items that was pulled relative to the unpaved roads, oeca s e have a lot of folks there. So let's take l0D, and then we'll go to that one. 1 OD is a recommendation to direct the County Attorney, working with staff, to take legal action as necessary, including filing a lawsuit or code enforcement case, with respect to an owner of two dogs who she lets run free around the neighborhood. This is brought to the agenda by Commissioner Saunders. Page 64 Page 94 of 3899 September 10, 2024 CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, the reason I brought this forward is we're always looking for ways to protect our neighborhoods and increase code enforcement and just make sure that people are complying with the rules. From my understanding, this is a situation where I believe there are two pit bulls, which makes it a little bit scary, but there are two pit bulls that, over a long period of time, a couple years, the owner has simply let the dogs run loose at nig t in the neighborhood, and a lot of the neighbors are concerned about whethe these dogs might at some point be dangerous, whether they may be dange ous to people or to other pets, especially to kids. And so I was someWi at, q_uite franRly, outraged when I looked at the citation history going Bae to 2021. H's in your agenda packet. But there are numerous citations, wfi at looks ike thousands of dollars in fines, none of ;wn ich have b€en pai 0, or the bulk of which have not been paid. And I thoug • it woultl be ap Nr0priate to have that property owner come back n1 fF0nt of us or, in lieu of that, simply direct the County Attorne y to take all possiB e aetion to enforce our rules. It's illega t 0 let your dogs run lQose. t's not animal abuse. The dogs are wel fed well ca.re el for. But I know if, I was --if I knew there were two pit bulls in my eigliborhood running around at night, I'd be a little bit nervo s about going out. So I think thi is otre of those things where I'd like to see the Board take some action to direct the County Attorney to get ahold of the property owner and let them know that a lawsuit's going to be filed. We're going to do what we need to do to protect the neighborhood . CHAIRMAN HALL: Do we need a motion, or you just got your direction? Page 65 Page 95 of 3899 September 10, 2024 MR. KLATZKOW: No, you need a motion, sir. COMMISSIONER SAUNDERS: All right. So if --unless the Board wants me to bring this back, I'll make a motion. CHAIRMAN HALL: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: First of all, if you want to be scared, come to my neighborhood with what's running around. MR. KLATZKOW: You've got pantners. COMMISSIONER McDANIEL: Pant ers and bears, oh my. My question is --and, again, I'm g0ing to su _ port your motion, depending on what your motion, in£ et, is, Com tssioner Saunders. But how can this get to this poin ~ How --these fines have been --and this is --you know, we a 1 know r. Kemp-. I've talked to him regularly. How can we enhance tHis en orcement effort to stop this from going on? This circumstance has been going on for at least three years. One fine was paid, all tli ese o her fine c • tations have been issued, and no enforcement's actually t-ranspir d, and that's my -- Jamie, you ant to you come ui;i and address that? MR. FRENCFi· 0000 • Qming, Commissioners. For the recora, I'm :Jamie FrencH, your d~artment head for Community Development/Growth Management. So as we've statted to review this, as the Board is aware, for the last probaoly .our and a half months, Domestic Animal Services in that function, to include ~he animal control officers, have been reassigned unde ottF gr0up. One of the things that we're working with your advisory committee on is, you know, the fines, the ordinance itself. We believe that the fines are probably too low in this particular case. We recognize that the property owner's probably letting their dogs run on purpose. They don't live in this neighborhood. The property owner's been liened for these multiple violations. They've Page 66 Page 96 of 3899 September 10, 2024 only paid one fine. The animals are someone's personal property, so we can't take them, as the commissioner had indicated is that the dogs look like they're well taken care of. They're pretty healthy. I mean, they did do some property damage to a rain gutter, so they're spry. But at the end of the day, staff would just ask to continue to work with the County Attorney's Office and y0ur subcommittee --I'm sorry --your adviso ~ committee. We think that you increase the fine --the way the he orks, we don't go against their property. We go against their creait. So it would go through a collection agency, but gerhaps if we increase that substantially versus a 100, 200, $300 fine, if we make it much more like your consolidated code enforcement ordin ance to here it's a minimum of $2,500 --I t ink that if you n it somebody in t!i e wallet enough, you'll get their attent iQn. And we hate to do it. Clearly, our path is for education so that we can prevent this from ever happening again, but in this partic lar case we d0 believe t at it's probably on purpose. COMMIS , 0 ER cDANIEL: My question, Jamie --and, again, I don't --I'm n necessa ily suggesting that we jump to 2,500 on the fi Fst aate, but this is certainly, a frequent flyer here that --and I don' ow --you kn ow, ·n my wo rld, if you lien someone's primary residence x ou don't e er ge to collect that unless we pursue it on a legal leve l. MR. FRENCH: Same way with a personal lien and then, unfortunately, you typically go through a collection agency, and then now you're --you c01dd very well be into a bartering situation to where they're willing to pay off the lien if the Board's willing to reduce it. No different than what you've had before on properties. COMMISSIONER McDANIEL: Right. CHAIRMAN HALL: Commissioner Locastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Page 67 Page 97 of 3899 September 10, 2024 You know, I'm all for chasing down a person that has, like, an unbelievable track record of breaking the law, but I'm more concerned with the bigger process. So, yeah, I'll support this if this is a person that fell through the crack. But I think our job here is to fill the cracks, not chasing down the onesie, twosies that go around the comer and whatnot. That's still bad. And so, like I said, it doesn't make me not want to support this. But, you know, then I'd defer to you and go, is this an anomaly? Is this --this is the only person in CollieP Count, that has fallen through the cracks? So we have t t l<e immedl te action here, which I would take. I'd totally StUJiq ort it. But I thi the answer is, there's a lot of these cases. So this came to Commissioner Saun eFs, and I applaucl him for bringing this case, but I thin tlie bigger thing for our commissioner meeting isn't this case. It's the overall proces . So, you know, w '11 have a unanimous motion, and somebody will chase down tHis o ner, but I'm more c0n emed with the ones that didn't come to our attention tha ave a five-page list of violations that, you kn ow ,, ob0dy Rn ew about. So I think the homewo k assignment here is regard!~ s of what we decide here -and I know :we're going to decide some sort of immediate action --But, you kri 0w , Mr. Fench, to you I would say , in answer to Commissioner McDaniel's question, how did this happen? If it's an an 0maly it's a weird person that just sort of got away with it --but it sl-n1nds like it's a well-known violator. Well, how about all the other w~l1-known violators? So, you know, now that we've changed the senior leadership and you're really leading strongly from the front, I'd love you to come back and use this case as an example, but --to address the overall bigger issue . And you mentioned a few things. Huge fine increases, I'd be all for that. And just like we were talking about some things that we Page 68 Page 98 of 3899 September 10, 2024 could do to keep people from running red lights, I think there's some aggressive things that we need to pull the trigger on quickly that will make cases like this much less. Not zero, but much less. But let me ask you this: Is this a unique, one-of-a-kind case, or are these all over Collier County? MR. FRENCH: I think it's unique in the..nature that we know who the dogs belong to. I think what is pi;etty common is people allowing their pets to be unsecured. COMMISSIONER McDANIEL : Righ . MR. FRENCH: And they'r not microchip~ed. We have no idea. And we use a lot of taxpayer dollars to try to reunite people with their pets or get them medically, tFeatecl t rough th se of our staff and volunteers. W , a our very best to get them a opted in short order. But, no, it is ot uncs ommon to see animals loose that --where you've got pet o ners t at are i e~onsible. COMMISSIONER LoCAS q'RO : So my p,osition is I want to fully support t is but I ant to empo er the CS ounty Attorney to not only go after this person here, but le 's figure out where the crack is. And our Jeb i£ muc bigger than just chasing down one person who's letting two clogs out, which is 0rribl , and I'm glad that Commissioner Satt ers b ought it. But I think this example better not end with our unanimous wote here and then we go, "Oh, great. We caught ll at one pers@n." And I know that's not what Commissionet Saunders is implying. I think he's one a great thing by bringing a really, really significant, horrific, :unacceptable example that is probably similar to many others that are out there. So I hope this doesn't end with just our unanimous vote, which I expect would be unanimous, and then, okay, great, we caught the one person, right? I think that's what we're both saying here. COMMISSIONER McDANIEL: I'm not here for the one. I'm Page 69 Page 99 of 3899 September 10, 2024 aware of many others, maybe not as much of a frequent flyer as this one from the documentation. I mentioned Tom Kemp earlier. But I concur 100 percent, I want to fill the crack. This circumstantially needs to be stopped. MR. FRENCH: Thank you, Commissioners. I will tell you that this is part of our ordinance rewrite that we'll be bringing back to you for consideration with working with Y,.0 r aovisory committee. Again, this is a very --as we've mentioneo be ore as to both you and the advisory committee, is that this ordinance • s €xceptionally dated, has not been updated. We'll probably remove things like dolphins from it. It's --as I said before, it's a pretty old ordinance -- COMMISSIONER McDANIEL: Rigli . MR. FRENCH: --ana ·1 is --it's a little bit larger than I anticipated when I took on tn is assignment four and a half, five months ago. COMMISS RMc COMM! i u say dolphins? MR. FRE re in there, in the current ordinance e OMMISSI It's illegal for people to let their dolphins aro ? MR. R ENC nlicensed, perhaps. CHA RMAN missioner Saunders. COM ER SAUNDERS: Thank you. Actually, u his forward for two reasons. One was to deal with this pa icu ar item, but also to bring awareness to the fact that we do have a problem. And the way we enforce these liens --you know, filing a lien doesn't really get you anywhere until a property is sold, but we can take these --I'm assuming we can take these fines and file a lawsuit and start collecting the more traditional way if necessary; is that correct, Mr. Klatzkow? Page 70 Page 100 of 3899 September 10, 2024 MR. KLATZKOW: Yes, sir. We can certainly make --give her the incentives to comply. COMMISSIONER SAUNDERS: Okay. And so I think we do need to update the fine level. I think, in this particular case, we need to increase the numbers of fines that we're imposing and file a lawsuit and begin a collection process, because this 11 e son has been getting fined since July of 2021, and no real response other than basically to say she's just going to keep on doing it. So the motion is to direct the Co11nty7 At 0mey to take legal action to enforce these liens and fo st,aff to increase the liens or the fines for these types of things in t rite, and i rticular case, if there are other fines that c vied, to ecause this is one of those really • us MR. KLATZKOW: • pecial Magistrate. We can certainly talk to hi COMMISSieJNER SA the motion, Mr. Chairman. CHAIRMk ' . ion and second. All in favor, sa-y ax e. e OMMISSI Aye. (:<9 MMISSfi STRt): Aye. C IRMA : ~~e. COM IO UNDERS: Aye. COM OW AL: Aye. CHAI . All opposed? (No response. CHAIRMAN HALL: So moved. MS. PATTERSON: Commissioners, if you're willing, let's take Item 11 C, which is formerly 16B 1. This is a recommendation to direct the county to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are now Page 71 Page 101 of 3899 September 10, 2024 in a passable condition, add roadways that have since been deemed impassable by the independent fire districts, and remove the 1 mil cap of the ad valorem millage rate. And this is brought to the agenda at Commissioner McDaniel's request. And I believe we do have a good number of public speakers, but first, Ms. Trinity Scott, your department head for Transportation Managem€nt Services, is here to present and/or answer questions. COMMISSIONER LoCASTRO: rman, may I say something brief before? CHAIRMAN HALL: Sure. COMMISSIONER LoCAS'r 0: First off, tflis is in my district, but it's similar to some things that aFe in yo r district as W-ell when it comes to roads. But I just wanted to set h table here and say, Ms. Scott, you've done so mueli' work on lits ~ the way you've pulled all the citizens together. You kriow, I got an unbelievable amount of e-mails in the be , inning, and here was a lot of--a lot of work that needed to be don€ to talk: o EMS and a11 o f ur first responders, and you've done all that So make no mi take, sfie'sJ1 ot ~oming to the podium here and we're at step zero. But tbank yQu so much for how you made this a priorit . And I g0t so man~ positi e e-mails from citizens that know this isn't resolved. "hn €re's a h~t of people in the audience here that have some concerns. But I want to just say that you certainly haven't been sitting o your hands. And I really appreciate all the hard work that you've done so tnat we can figure out what's the best resolution and the most fair tfiin g to do, because in the end it's about having safe roads that can be traversed by first responders. And in some areas these roads have really deteriorated for a multitude of reasons, and that's another topic, but we're dealing with the here and now. But thank you so much for the hard work you've done on this for Page 72 Page 102 of 3899 September 10, 2024 the residents in my district, and also, you know, I know very similar things in other districts as well. MS. SCOTT: If I may, I have a very short presentation. CHAIRMAN HALL: Sure. MS. SCOTT: Just to kind of take the way-back machine. In December of last year, the Board approved O dinance 2023-71, which established the unpaved road ordinance. The initial ordinance had 25 roadways totaling about 13 and a half miles, just over. During our bidding process for that, we ound that several miles of the roadways were now passable o were no g ted, prohibiting access. So, therefore, as part of thi s modification, e are requesting to remove 3.517 miles from this oroinance. he road a:x s there are listed. And then, as Commissi0n LoCastrQ a luded to, in July, we received some corresponden€ from residents in the 6L Farms area that they felt that tli eir foadwa )(s wer impassable. They also reached out to the 1ndepe .dent fire ,;d i trict at t at time. The independent fire district Miu review the roadways; came back with a few roadways. I reacned out to s©.vcral of the i:esiclents. In speaking with the reside ts , since tRe time t a Greater Naples had looked at the roads, Tropical Storm Debbf had come through, and they did get inundated with water • n the area, and so they felt that there were other roads. So askea Gr eater Naples, could you please go back and take a look before we go thro gh this whole process of amending the ordinance. Greater Naples came back requesting 6.189 miles. They've identified those areas as impassible. So we are asking to add those onto this unpaved roads ordinance. And then the final item that we are asking is to remove the existing millage cap to allow the Board to set the millage rate Page 73 Page 103 of 3899 September 10, 2024 annually through your annual budget process. This is just the consolidated, what roadways we would be taking off with --the roadways that we would be adding are in bold, and then a map showing the roadways in purple would be removed. The roadways in red were the ones that were approved in December, and then the green are the new roadways. This is ~ermission to advertise. This would come back to modify th'.e ordinance at an upcoming meeting, and then once we receiY.e Board approval, we would proceed forward with the bidding to be able to address all of the roadways. COMMISSIONER McDANIEL: You rea y to go? CHAIRMAN HALL: Yep. COMMISSIONER McQANIEL: ~kay. I certainly want to take care of the people that Ha\l e announc€d that they want to be added into this MSTU, but I ant tQ colleagues up here to give some consideration to something that ['ve been w0rking on since I became a count y ommiss • oner. I have trie multiple times to d0 a countywide MSTU for our private roads in the ount~. I have tried multiple times to share --our primacy job 1-s for health, af ety, and welfare of our com unity. I n aye failed to accomplish that. And it's astounding to me, especially with the cir~umstances that we have going on now, with the knowledge that now we're up to 20 miles of impassable roads, that no one else understands this circumstance . I brought forward a resolution to include all 110, 111 miles into this MSTU at a 1 mil cap. That generated about 280-, $290,000 a year if all of us --and, by the way, I live at the end of a mile-long private road. So all of us that access our properties off of a private road would pay an equivalent amount, and then we would go through with the designation that's already been done by our staff, do the Page 74 Page 104 of 3899 September 10, 2024 worst first, and over a period of time , all of the roads would be traversable. We haven't even talked about the debacle of Blue Sage, a private dirt road that accesses a county park, the Nancy Payton Bird Sanctuary. We weren't paying in to maintain that road. It fell into the canal twice. Platt Road has --I lost a friend that lived --lives out off of Platt Road off Lilac Lane. He had a heart attack, and we couldn't get an ambulance to him. Linda Greenberg was our --was our fire cnie l' back in those days, and she was going to bring a resolution forwa to get a boat so she could get it back and forth acro s-s R att oad where i • ;w ashed out on two different occasion . One of my friends that 0 ns ~roperty, on Platt Road was there fixing it two weeks ago himself. My request ·s, wh~ are W€ (ioing w li a we'v:e always done and watching a faile ircu tance t ans P,ire ar0 d us? The commissioner di t sat in e District 5 seat 24 years ago created a homeo ners assoc iaf on up there on the bend of Immokalee Road called the Corkscfew Island Neigfi bor ood Association, because the only ~esolution bac in those days was for individual property owners on a road tQ implemen an MS . U on themselves. Well, ~ou folks are all neighbors, but you're not necessarily friends, and y0u're going to spend your money on your portion of the road --and I'm pointing at you just because you're sitting there --but he's not, and so you're going to stop because he's not. And then he does and you don't. And so this is the tit for tat that we end up with going through this circumstance. The government can come in in a state of an emergency with health, safety, and welfare and improve these roads so that they are, in fact, traversable. We developed a resolution to this circumstance. Page 75 Page 105 of 3899 September 10, 2024 It isn't going to be fixed overnight. There will be an inequity at the beginning, because I live on a road that only requires $4,000 to fix, $10,000 to fix. Some of these other roads --we saw pictures when I brought this resolution before several months ago, there was a dang car in one of these holes out in Immokalee. All you could see was the top of the roof at ground level. So I don't want to stop the process, but I ieally would like for our board to fix this circumstance, do a eoun~ide resolution. After the roads are all brought to a standard ot:traversability, we'll do like we do with all of our MS TU s, manage to a maint nance level for the amount of taxation, so --becaus ight now your road costs --I keep pointing at you because you were u here i fFont of us earlier. Your road costs $60,000 to fix, 6ut after a whi e ·is just going to need salting. It's just going to need to be tende . And so we then move into a maintenance process af ter the fact. This spot cir cumstance tll a has Been in tliis ounty' s history for a millennia --e ommissioner Co etta created a omeowners association in tHe orksarew Island neighborhood area. That's where I live. Then~ is not one~rivat MSTU that can be accomplisned in that hood, ther i ot one, because all we need is one person to say tlie ~ do 't :want it, and it doesn't happen. I thi if we apf)roach this from the aspect of what I've been trying to dtl since --necessarily since I became --and, by the way, when come CQmmissi0ner Coletta created the Corkscrew Island Neighborhood A s~eiation, there was Huckleberry Billy standing over there, and he sai , "Hey, I need a president for this new homeowners association." I am still, 24 years later, I can't get anybody else to take the president's job for that homeowners association. So my request is allow for this circumstance to prevail. It is, what I believe, a methodology that will cure this issue for all of our residents that Page 76 Page 106 of 3899 September 10, 2024 access their properties via a private road. It will cure it. Now --and I'll be the first to admit, if it doesn't work, we'll make adjustments going on accordingly. I will also be the one that will be monitoring the ongoing expenses associated with the upkeep and the maintenance of these roads after the fact. But my plead here today is let's advertise for the ordinance that brought forward, not add to and subtract from because of a partieular rain event that comes about. This circumstance has been preva en sin • e immemorial. When I first came into office, there was a f ello g down on Markley. They had to load his wife into a four-ive to get her out to where the ambulance ~ come et her. Trash was stacked up at t e because e trash removal trucks couldn't g ve the trash off of the circumstance. As I said e, a d that accesses the Nancy Payto • d san , fe nto the canal twice. The first tim county fixed it, and then it fell in a ai 5;o let's stop doing w.hat we'y e always been doing. Let's take an actio t at is going f 0, o r a perio a of time --it isn't going to happen ovemig t. It isn't g0.ing to happen overnight, but let's establish a pot of money that we're a l paying --and this is not for all of the taxpayers. A n o it's important --Commissioner LoCastro, you say this all the time. It's important for --you aren't going to pay into this MSTU. The taxpay-ers that aren't accessing their property off of a private road are not going to pay into this MSTU. It's only for that 110, 111 miles of private roads that we have in Collier County. That will give us a sufficient --and we don't need to lift the cap . We can leave the cap at 1 mil, utilize that money, fix the worst first, go forth and persevere, and over a couple of years, all of our roads become Page 77 Page 107 of 3899 September 10, 2024 traversable. We have access for our emergency vehicles, Sheriff, so ons and so forth, and take care of this circumstance. After we're done, staff will come back to us, talk to us about the ongoing maintenance, and then we'll adjust the millage accordingly to take it --to take it forward. CHAIRMAN HALL: Commissioner L0Castro. COMMISSIONER LoCASTRO: Thanlv you, Chairman. Ms. Scott, so we're obviously the two ommissioners involved here. I don't think you have these issues with these roads in --on Vanderbilt Beach Road or, you know, in any of the other districts. Having said that, I don't mean to stop --I appreciate --and everything Commissioner McDaniel's just aicl has me i;·t, and I actually don't disagree witfi any of it. ut l cl on't want to stop the progress that you've made e €. Is there a way to simultaneous --and I think that's wliat he was asically saying, take care of the worst first. But is tliere a way to simultaneously walk and chew gu at the same time nd continue t0 move aggressively in the Six L Farms area but also bring s back a more, you know, comprehensive plan that ould addiess all the roads and --and maybe this is ore of ou meeting witH each of us separately and giving us, you krio , our feedback. But I know tha ~ou're marching in order in a very aggressive way here, ano you've done the same thing in District 5 and a lot of areas. May6€ not to the satisfaction of some citizens, or like you said, a more com~reh'.ensive overall plan, but after hearing of us both speak, what is your ecommendation, you know, forward? I don't want to kick the can on this and, you know, maybe have a great plan all the way down the road, and --you know, I'd like to address what we're doing right now as well and be able to do both. What's your --what's your short answer after hearing us sort of, you know, pontificate up here on this issue? Page 78 Page 108 of 3899 September 10, 2024 MS. SCOTT: First of all, Commissioner Saunders does also have one roadway -- CO MMIS SI ONER LoCASTRO: Oh, we don't care about him. No, I'm just kidding. MS. SCOTT: Just to point that out. Commissioner McDaniel and I have had a pretty open conversation about that I'd like to get the 10 miles of roads or so that we had talked about last December and di ese roadways taken care of because we have been notified that the ' e im_pa8'sable. I would defer to the County ttnmey on if it's 12ossible to advertise this, meanwhile working (9n an ordinance odification to look at what Commissioner McDaniel --a d t remincl the Board, this is what we talked abo for several months last year, hat Commissioner McDaniel Ba a proposed. d what we got to is what is in front of you without the mooifications. So I would elefer tQ County Attome KlatzKow. MR. KL ~ £'KO~: This is s·mply a: re uest to direct me to advertise this. will worki with Trinity, Trinity will get with you, and we'll pttt together an o ainance. e H A'IRMAN HAL1..: Commissioner Saunders. ~<9 MMISSI© ER S UNDERS: Thank you. Commissioner oDaniel, ind of refresh my recollection. It seems to me that the original --you want to broaden this MS TU. COMM S~ ONER McDANIEL: That's correct. COMMISSi ON£& SAUNDERS: It seems to me that the problem before or an • ssue before was the opt-out provisions. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: I think that was creating a problem. So you're proposing to move forward with a broader MSTU with no opt-out? COMMISSIONER McDANIEL: Oh, no. The opt-out Page 79 Page 109 of 3899 September 10 , 2024 provision --in my interpretation or my understanding, the opt-out provision needs to be in there because there are several roads --the one that I'm going to cite is Old Grade Road. Collier Enterprises owns both sides of the road, and so they should be able to opt out of that. That is a private dirt road. They should be able to opt out. They take care of their own road. So the opt-out provision, per what I un a e stood from the County Attorney, needed to be in there to allow us to take public access --assets on private property . COMMISSIONER SAUND RR . All rig Bt. So the opt-out language doesn't create a problem. I thought that o iginally that there was some issues with that. MR. KLATZKOW: 'Q . It helps witH the legality of it. COMMISSIONER SA~r>ERS: A ll right. Then the second thing, in terms of an MSTU, hen can you start collecting revenue on an MSTU? Do ~ou ha e to wxi it unt il aft er the --do it this year. MR. KL.M T2:KO ~: This w ill P, obabl~ e 2025. COMMIS ~I ONER SAUNDE~S : The first of the year is when you start?~-- Itt:t\l' MISSfi . Okay. So I have no issues with broaoening this tfi e wa you've suggested. I just wanted to get some clari fi cation on th opt-out, because my recollection was that that had created some i ficulties. COMMISS I ON £& McDANIEL: And my question is, can we advertise for the broadened MS TU and still take care of what we need to do with these known issues right now? MR. KLATZKOW: Yes, sir. What I'm going to do is I'm going to bring back a proposed revised ordinance for your review next meeting. COMMISSIONER McDANIEL: And in my -- Page 80 Page 110 of 3899 September 10, 2024 MR. KLATZKOW: Take direction. COMMISSIONER McDANIEL: And not to make this more cumbersome, but there are immediate issues that need to be taken care of as soon as possible. And so I will work with the Clerk's Office to find out an area where this --if we, in fact, move this forward and there is a known revenue source coming, where we can nec€ssarily borrow the money to take care of these worst first and provicle for the public health, safety, and welfare of the folks on t ese private tf roads and then allow for the backfill when the t enue, in fa , comes. If we pass this now, this res n won't be ao ised until the new budget cycle, and then we c • nother o til, as the County Attorney said, in •~ But this isn't a new s • t's been going on for 50 years in our community. I would like for us to travel to be able io tak s ance. MR. KL.MT2:KO , w e've done when roads were impassable d then create the MSTU, and we'll get repaid ovet f e OMMIS We did it on an emergency basis. M . KLATZKGlW: ~es. COM ISSIONER McDANIEL: They whacked the people on Platt Road for 11,000, and then when the rains came and washed out what we put in, they: whacked them again for another 11,000. As I said, Blue Sage was a $22,000 fix the first time, and then we had to do it again. And now we're individually taxing those folks on those roads, which is --which is why, again, I've asked for eight years now, let's not do what we've always done, which isn't working. CHAIRMAN HALL: I guess my question is --which I have no problem with getting all of the private-road people involved in this, Page 81 Page 111 of 3899 September 10, 2024 but what do you do about the people who take advantage, who --they're going to pay their little 1 percent and forget their road? COMMISSIONER McDANIEL: They're not going to --they're --once you're in, you can't opt out. CHAIRMAN HALL: Right. COMMISSIONER McDANIEL: Your 0pt-out --and the provision of the opt-out --and that's just impo ant to remember. Once you're in, you're in. And if you opt o t, then you're obligated to maintain that road yourself to a standara tnat's set up by the county. So you can't --you can't pay one or two years an then jump. CHAIRMAN HALL: That's my poi t. What if--what if you have those people who we cc>me in, an we fix their road, everybody's in the pool, it gets aid, and then you have certain people who just say, "Heck, we'll ju~t let our streets g because they're going to get fixed. Ev: ry6oey else is P.aying fo r. it, and we'll just have to pay our little 1 ercent o it. It's a whole ot claeaper than maintaining our oad." COMMISSIO ERM D1\NIBL: That's the premise of this, sir. I mean, th· s 1 mi tax wil allow us, over a period of time, to fix these roads. And then e'll --envision that what now costs a million dollars to --round n mbers, I'm going to say that today. It might be more. But hat now c sts a million dollars will cost 500,000, 250,000 a year 0. salt these roads and keep them up, and then we'll move the tax rate to alance what we need from a reserve and be able to take care of the ongoing maintenance. CHAIRMAN HALL: I guess let me rephrase my statement or my question. Is there going to be provisions that once the roads are repaired, that the private people that are on the private roads have the responsibility to keep it maintained after we get it fixed? COMMISSIONER McDANIEL: No, not any more than they Page 82 Page 112 of 3899 September 10, 2024 are now. CHAIRMAN HALL: Okay. So that's my point. If everybody on this side of the room pays the 1 percent, and it's ongoing, it's --they're paying it year after year after year, and they have maintained their roads, their roads are great, and they're continuing to have to pay, but everybody on this side of the road says, "The heck with it." We're not going to do anything because these people --you know, we're going t0 p~y Qur 1 percent, but with these people --our --we expect the C()Unty to come fix our roads. COMMISSIONER McDANI~L : Can I sHar with you? CHAIRMAN HALL: Yeah. COMMISSIONER McDANIE : a 6 -oo easement that goes through. You f lf. I'm fi ~i ng my 30 feet, you're not fixing rybo cl)( drives on mine. And then I get tired because yo • ng, and so I quit fixing mine, and then we hav~ fi ealth sa elfai:e issues, which is what a lot of these fol l< r. CHAIRM COMMI · . Okay. The statement that I'm sharing with ou, t is mechanism -because once you're in, you're. 1 . You dhn't get to get out. You get to pay continuously so that the county maintains tHe e roads to a traversable state for an ambulance. If we fix tl i em so that an ambulance can traverse the road, everybod gets t© go, everybody, the trash pickup, the Sheriff in the two-whee '-dFi¥e :v ehicle. Everybody gets to traverse these roads. And once ygu're in, you're in. You don't get to opt out. CHAIRMAN HALL: Even when your road's fixed? COMMISSIONER McDANIEL: Once your road's fixed --and then we don't have to fuss whether or not you're fixing your 30 feet of my road and I'm fixing mine. It's going to be fixed by everybody that's in the pool that's paying the fee associated with the upkeep and Page 83 Page 113 of 3899 September 10, 2024 the maintenance of these roads. There will be a disparity, and I'm not --I'm not clouding this at all. I live on a road. I own my own motor grader. I keep --I keep track --I keep my entire road fairly traversable. But in my 20 years of living on this road, or owning this property on this road, not once has a neighbor come and offered me any kind of money for wear and tear, diesel fuel, my time. It takes me three an fl a half, four hours myself on my motor grader to tend my i;oad. CHAIRMAN HALL: Yeah, but y0u li Re it. COMMISSIONER McDANI~L : I do. It's good for my brain, what little bit of a brain I have. But the --the issue is inequ1 ded i circumstance. The Clerk and I had a ong discussion about this yesterday. The other methodology to fix this is to send Code Isnforcement out and lien these people ano force --an<1 I'm pointing at you-all right now --lien these people and force tli em to 1x the roads, but then we end up in a circumstance where we Eave no mechanism to force the payment for the upkeep an so on. :Phi --what I hav suggestea sine e I came into office will, in fact, o k. It will take i e. There will be an inequity, because as I said at t e beginning , my road --my road only costs $10,000 to fix. Your road, C0mmissioner Hal1, might cost 50,000. So I'm paying into the kitty to 1x your li oad, but you're going to continue to pay into the kitty after your i 0ad's fixed till my road gets fixed. And then over a period of time, we'll balance out with regard to the maintenance aspect and reduce the millage rate down to be able to tend to roads and keep them traversable. CHAIRMAN HALL: Okay. Commissioner LoCastro . COMMISSIONER LoCASTRO: In summary, so ifwe don't vote on this ordinance as-is here, what I'm hearing from you, Page 84 Page 114 of 3899 September 10, 2024 Mr. Klatzkow, is you're going to come back with something that's taking into account what we've discussed here and come back with something that's a little bit more inclusive; is that correct? MR. KLATZKOW: Absolutely, sir. COMMISSIONER LoCASTRO: Okay. Having said that, Ms. Scott, how does that slow or not slow down the progress you've made? Because, I mean, all the citizens that are here, I've heard from most of them, have talked with a 10 of them. Some of them are actually friends of mine. I don't want to sort of kick t e can to do so ething amazing down the road but not deal with, ~ou know, this right ere. I mean, like Commissioner McDaniel said, e's made this propo al many times, and if it was great an ;wonderful and awesome, it ould have passed unanimously. Isa~ th t tQngue inc eek because I know that there were other issues. Bu I don't ant to s ow down any progress that you've made u~ to this point Is there --w0 ld that happen if e --l don't want to table this for two weeks an then ao e bac with something that has a few more sentene es in 1t to slo an)( progress that you're making now. S. se :r~: s~ te day was \1st a permission to advertise. I wasn't --we woula ' eve -- COMMISSIONER Lo 6:A STRO: Right. MS. SO TT: I'm not going to start going out for bids for the roads that I am aware funtil this board finalizes what it's going to do with this ordn1an ee or a different ordinance. COMMISSIONER LoCASTRO: Okay. But then if we --if we table this for two weeks to get a better ordinance, then we wouldn't be advertising this. MS. SCOTT: You're only advertising this for the public hearing to come back. COMMISSIONER LoCASTRO: Okay. Page 85 Page 115 of 3899 September 10, 2024 MS. SCOTT: So until that next action occurs where the actual ordinance is adopted, we would not proceed forward. COMMISSIONER LoCASTRO: All right. So we could approve this today as-is? MS. SCOTT: What this is, though, this is just permission to advertise. COMMISSIONER LoCASTRO: Penn· sion to advertise, right. So is there anything wrong with doing that? MR. KLATZKOW: I am not g0ing to advertise an ordinance that this board wants changed. COMMISSIONER LoCAS T 0: Okay. Anti that's my point. So we wouldn't advertise this because we'd 15 e advertising something that you're going to change in two weeks. MR. KLATZKOW: es, si. COMMISSIONER Lo ~AST'RO : Oka clarification I wa 0 get. u in any kind of --you know nat affec an , right? MS. SCO e n't be advertised. Presumably Jeff would ac n1 • o weeks a different ordinance that would oe advertise and then a subsequent meeting after t n you would take action. COMMISSIO STRO: And the ordinance would be more inclusi e. Okay,. I got it. CHAIRMA'N HA : Commissioner Kowal. COMMISSi ON E~ KOWAL: Thank you, Chairman. I don't want to sound sarcastic or anything, but I can probably guarantee I have more private roads in my district than you have in yours. Every gated community in my district is a private road. COMMISSIONER LoCASTRO: Yeah, but they don't look like this. COMMISSIONER KOWAL: There's a reason they don't look Page 86 Page 116 of 3899 September 10, 2024 like that. That's because the people who live in those communities pay every month into an association to maintain their roads. COMMISSIONER LoCASTRO: Yeah, yeah. Well -- COMMISSIONER KOWAL: And I know in the past we've --I've been here almost two years now, and I think we've been talking about this for the two years. COMMISSIONER McDANIEL: We've oeen talking about it -- COMMISSIONER KOWAL: I thougli we got to a point where we implemented it. And the when we saw that it was going to take 43 years or 44 years to pa~ 6ae a one-ti e 1x, you know, at the 1 percent, and that kind of, li e, shelved it. Like, well maybe it's not going to work the way we initially got it t rough atl ei a year and a half. You know, that --at so e p0int where do we draw the line? I know the opt-out thing was li e C0mmissioner Saunders brought up. That was a big discussion, because I --its still a little confusing to me now, because if on person on di e street says, I pay my money to maintain my 60 ·;eet ~ or wli atever it • s, I'm opting out, and that was --e hav e to gfare tliem that op t ion because of --legally, according to the <S oun ~ Manager --oi:: County Attorney. o-w do we get arouno that in tn e new idea of just creating an MSTU ror all private n~ads tliat fall in this --let's say this category? Because tfi en ~ou open up a can of worms and say, "Well, you know what, I pay m@re every month than 1 percent, and my community is gated. Can I hav:e the oounty fix my roads? I'll be more than willing to pay 1 percent. You come in within my gates and fix my roads." I don't --that's what I'm saying, I just --we have to have real clear language. I want to see real clear language when we move forward on what we're talking here. Because, you know in the past, we had a plan in place, and we kind of shelved it because we realized that they're all going to get their road fixed once, and it will take us Page 87 Page 117 of 3899 September 10, 2024 43 years to pay it back. So, I mean, can you just enlighten me what the difference would be? COMMISSIONER McDANIEL: I'll endeavor, as soon as you're done. I wasn't going to interrupt you. I was letting you make your point. COMMISSIONER KOWAL: I'm just --I just --I just need more, you know. I just --you know, you wore me out for a year and a half, and we got to a point, and now we're Back to it again. COMMISSIONER McDANIEL : Poor G:ommissioner Saunders has been listening to me for eight ¥ear s, and Lo Gastro's been listening to me for four. COMMISSIONER LoCASTR : It feels a lot long€.r, though. COMMISSIONER Mc hl ANIEL: I understand. My --I'm going to share a c0uple of tfi t>ughts. You can't compare a private gated communit~ to where we live, where these people live. YOH can't compare ·t. 'F here's --tn ey're absolutely apples and oranges. The Ee's no --tlie r e's n@ methodology, which is, by the way, area y. nice tli ing wn€n you live out where I live, but you can't ee>mP.are a r-ivate road witli in a subdivision to these private dirt r 0ads. There's no --there's no mechanism for all of us to come toget e1' and have arr enfl~rc€.ment or a capacity to do that. When you bough in your subdivision, there was already a homeowner associati @n f rovi a ed, and it had fees associated with it that you signed . for iW li en you bought your property. That's not the case over here. It hasn't ever been the case over here. We literally ha¥e lost lives because of this circumstance not being tended. It was --it was always told that we had to have a private MSTU, per street. It's not accomplishable. An individual straw ballot per street; 50 percent plus one had to vote to impose a tax upon themselves. It was never plausible. It was never possible. So we, as a board, can wave our magic wand, stop doing what Page 88 Page 118 of 3899 September 10, 2024 we've always been doing. That's my mantra. What's always --what's been suggested to always be done hasn't worked. It's failed. This MSTU will stay in place, ongoing maintenance --this isn't a one-time fix. Now, I acquiesced to the last one for the 13 or so miles of the worst roads, but then when the tally came in for the amount of tax money collected, it was $40,000, and it was --like you said, it was a 30-year payback in order to get the revenue back. With a larger sum, with a larger group, wag0n's easier to tote if there's more of us pulling the wag0n, nd that's e r ationale here. Do a countywide MSTU. The <:S o nty Attorney and I :will shore up the language on the opt-out provision, and n e once it's implemented, it's implemented. COMMISSIONER K'OW R~: So let me ask just one more question. So if --as we expand east ard, yQu know, we know it's happening in the Estates and o lier areas there's oing to be a potential for more private roads eading to h mes and homesteads. Now, woult:l hey automatica1 y: be part of this as they become established e OMMISSIQN:ER I would -- (:<9 MMISSfi . --in the future? Because you're saying all these particu ar roa os will fit a certain category. I was just being sarcastic about t e gated community thing. I was just pointing out the private road -- COMMISSi ON£~ McDANIEL: I understand. But you can't be sarcastic on this w ·th me because -- CO MMIS SI ONER KOWAL: Okay. Well, I'm not going to point at you. Oops, I almost pointed at you. COMMISSIONER McDANIEL: You can point at me if you want. Just --it's just important for you to --for you to accept the reality of the circumstances that we have in front of us. This Page 89 Page 119 of 3899 September 10, 2024 argument that's been going on for a millennia, literally a millennia. I've been arguing it for eight years because I've had the opportunity to serve here for eight years. Your question with regard to a new private road, we can cross that bridge when we get to it. I don't know where a new private road might, in fact, come. When the expansion happens in the east, it's ha pening in gated --basically gated communities that have a planned unit development in place with road systems in Rlace. I --one of the --one of the rationales of the RLSA was to aggregate the development rights re existent • that 200,000 acres and bring them in • • • s w act concentric development. So I suspect --just t y, to answer your question, if a new road p requires maintenance, then, in fact, COMMI O just curious if it's going to be a - COMMI , That would --that would be the wa):: I w0uld app oach it. hat w0uld --to short answer your question with Fegard t~ Sflmet fi ing else that pops up interimly after this is established . But th1 isn't --the premise here is not a one-time fix. Thi is a fix an tl then maintain going forward, and everybody pays into the kitty for that ongoing maintenance, correct? CHAIRMA'N HA : In perpetuity. COMMISSION£& McDANIEL: In perpetuity, yes, sir. Just like, you know, you eard me chirping a couple years ago about the Rock Road MSTU. Those folks came together, created an MSTU, elevated the road, brought it to county standards, and then paved the road, and then they ended up with a whole bunch of money that was being collected because nobody ever adjusted the tax rate, and so then we moved that --we moved that rate back to a more equitable Page 90 Page 120 of 3899 September 10, 2024 level. CHAIRMAN HALL: Commissioner Locastro. COMMISSIONER LoCASTRO: Okay. Let's land this plane, right? Commissioner Hall, right? CHAIRMAN HALL: Yes, sir. Yes, sir. COMMISSIONER LoCASTRO: So a gouple of things before we --I make a motion that we continue this f o two weeks until our next meeting and then bring back a more com12rehensive ordinance, is going to be the motion. But let me sum this up by say·n his isn't about private roads. This is about emergent, you know. toads that are significantly detrimental to safety and hazards. I've got pr·vate roads all over District 1, as well, that are beautiful. ¥ ou do, too. These happen to be prlvat rQads that are in a sad state of condition. And there's a lot of reasons for it and a lot of blame to go around, and we can, you know, aig all that up, but we're here to deal with the here a now. And these f ol k:s don't ive in gated, you know, communities. And, you know, I appreciate what Commissione Kow l as saying, an I understand what he wasn't saying. But the reali~ is the ~ live in a ery rural community that doesn't have a guard at the gat and a gate and all that, but they still have emergency needs. And, I mean, you look at these photos. An ambulance ca ' make 1t hrough this and save a life. So, you kno , . want to bring it back to the emergency situation that this is. I'll make a motion that we continue this in two weeks and come back with something much more substantial maybe with a little bit more meat on the bone so we can press forward and take care of the constituents in my district, constituents in Commissioner McDaniel's district, and have something where we're wrapping our around --our arms around this major issue in a bigger way, and Page 91 Page 121 of 3899 September 10, 2024 maybe we finally get something closer to what you've been trying to, you know, get approved. I am concerned about one thing that has been raised is that there's not a loophole somewhere that somebody can do what has been suggested here, because I could see that happening. But I'll leave that to the people who put the verbiage • n and make sure that somebody isn't smarter than us and says, " , ell, I ain't going to pay anything," and you know what, "Thanks f ot aking my road." And, you know, we just found somebody that founcl a oophole in the animal, you know, ordinance. Oh, I get $10,000 worth of fines, but if I don't pa~ them, nobody comes knocking on my door. This eeds t0 be tight B t, more importantly, these roads need attention. And so, you know, I don't ant to kic the can on that, but I'll make a motion that we contin e this t0 our next BCC meeting and then come back witli an ordinanBe that is goin to help a heck of a lot more people a a also s0mething that's written in a way that is going to be something Hat we can suppo , there aren't loopholes, and in the end, it ill bt ing att tion to these roads and get them fixed, as Commis ioneF M ~Danie was s~ing, worst first -- (:(9MMIS SI© ER cDANIEL: Right. COMMISSIONER Lo 6:ASTRO: --especially. So that's my motion, to delay this --or not fo delay, to continue it for two weeks and come back ith a stronger ordinance. CHAIRMA'N H~It L: Commissioner McDaniel. COMMISSIONER McDANIEL: And I'm going to say this: There's all kinds of suppositions. There's all kinds of opinions. There's all kinds of loopholes. The world is full of bad people that don't want to take care and try to wiggle a way out. We'll deal with those on a --just like you were talking, Commissioner Kowal, about a new road that pops up. We'll deal with those on a case-by-case Page 92 Page 122 of 3899 September 10, 2024 basis. The goal here is to fix these roads one time and then maintain them going forward. The maintenance --once these --once these holes are filled in, once these roads are, in fact, maintained, they become traversable. We're not going to make them county standard roads. They're not going to have ditches and curbs and gutters and all that sort of thing. These are going to be --these are going to be traversable by an ambulance, and that's all tnese --that's all us folks are wanting. UNIDENTIFIED VOICE: Berfect. COMMISSIONER LoCAS T 0: All the Six L --all the Six L residents who are going to find the 0011hole a d cheat tli e system, raise your hand. Okay. 11 right. We're going to --we'll take your names. COMMISSIONER some honest people in the audience. COMMI cD otion satisfactory to get us to wher MS. SGQT will work on the proposed ordinance to br.in eek . ~<9 MMISSfi L: Then I'll second it. ( , use.) C AN y. COM ER LoCASTRO: And we'll take the names of everybody that rai ecl their hand. You made a big mistake. I'm starting with you, sir, ith the mustache back there. CHAIRMAN HALL: We have a motion and a second to extend this and bring back the ordinance that we want. MR. MILLER: We've public comment, sir. CHAIRMAN HALL: We do? MR. MILLER: Yes, sir. Page 93 Page 123 of 3899 September 10, 2024 Your first speaker is Beau Brewton, and he will be followed by Josh Ferris. CHAIRMAN HALL: How many speakers have we got? MR. MILLER: We have six. I would ask the speakers to queue up and use both podiums so we can expedite the process. Thank you. MR. BREWTON: Okay. I'll keep it sh0rt. I'm Beau Brewton. I purchased the old Theodor€ ir land homestead at the north end of Lager Lane 24 years ago, moved in, have lived there full-time ever since. For the first 10 years that I li ved there, I main ained Lager Lane right by myself. That's one full mile. Then r. Red Owen moved in next to me, and he got a ractor, an e maintained it up until now with the help of Juan Mena, with the help 0 £ oy Windle, with the help of a few others. So we've kep :Cager Lane 1n a really , ood shape up until we had this weather amomaly this year. We ad si aays of five to six inches. Now, that six an f 6 is flat. It's a swamp, and we love it, but it will not rain. I has o €ither e~aporate or percolate. Now, after that a omaly, there was a egular summer session, which is somehow coming o an end now. Now, w 've got --just in the last week, we've got Lager Lane back where, o know, j1J1st a regular two-wheel-drive truck can do it. Now the small cars Gan't. That's why my lady's living in town, because she has to w0rk at the hospital every day. But we will, if you will just put a few loads of rock on the part of Sunny Grove --that's our main problem right now, because there are so many people moving out there. And we are fine with people moving, but they bring in construction equipment, and the construction equipment, those guys don't live there, so when they Page 94 Page 124 of 3899 September 10, 2024 leave, they leave those holes, and it's left to us. And we can't do it with just our small tractors. You could take Sunny Grove right now and take 50 loads of rock of this size, put it on that road, the rest of us would bring our tractors out there, and we would spread it. But as Mr. McDaniel said, there's always somebody that's not going to. So what? We'll continue to do it. I did it for 10 years right by myself. And n0w with the help of Red Owen and these other guys, Juan Mena, we'ye kept Lager Lane in a pretty good shape until that weather anomaly. couldn't do anything about that. You want to blame Ge>cl, go ahead. <>ouldn't care less. Anyway, thank you for youF time, but we wil --if you'll just help us a little bit now, we'll keep Sunizy Gro e --I thi the place was called Sunshine Acres. ow, that was what the original name was when Collier gave it to th e (S Qllier County School Board. We've got a lot of owner b t will continue to take good care of it, and you"fl Be ~roud to have s as neighbors, because we are the neighbors y ou nee cl . I kill your roaches. J osh Ferris, he works with the police cl epartment All these folks have small businesses. We're the peoP.le tll at ~lean your to :le s. We're the people that fix your air Gonaitioners. e're he people you need. li ank you f o your ime. M . MILLER: Y our ne t speaker is Josh Ferris. He'll be followed B )\rmen Benarrocli MR. FE ' I : ~11 ight. I want to start by thanking the Commission, specitically Commissioner LoCastro and Commissioner McDaniel, who I'v never met, but you pretty much took my whole presentation, so thank you for that. I do want to --yeah, I live on Laertes Lane. I work for the Marco Island Police Department. I've been there for 13 years. I've been out in the Six L Farms area four years. Up until now, up until this year, and the rain and the storms that Page 95 Page 125 of 3899 September 10, 2024 we've had, I would say that things were in passable condition, but right now they are not. I also want you to know that I'm not here to complain. I'm just here to maybe instill a state of urgency with this situation. Even now that a lot of the water's gone, it has left holes and has left parts of the roadway that are washed awa~ on every single L road that's out there, including Sunny Grove and Tomato where two-wheel-drive cars, low-to-the-ground velf cle cars cannot pass through. It is impossible. After Hu icane ~ebby, my wife could not leave with her minivan for thn~e eeks exact!~. We have four children that we can't --that are all under the ages o f~ur and a half years old, so they're all in car seats, right? o legally e can't leave in my pickup truck. But she was having to use hat picku t ck to go to work. I would use it to go to work. hank 11~, the 12olice department supports me and was a19le to let me come home ring situations where she needed me Once ag ou ow some o the situations. That's my situation out there that are exactly like that. So along with that, we've lost critical --critical services such as water, water filtratioa services that come out there, delivery services, and there's tli e concern of an emergency vehicle that can't get by. I'm not stating anything that you guys haven't already talked about, but it is concernin when I'm at work and I know that my wife can't physically leave with our four children. It's pretty nerve-racking to know that an ambulance can't get to them. Parts of our road on Laertes were that way. Parts of Ladybug were that way. Parts of many of the other roads including Lager, and I'm sorry --Lacewing, a lot of the other roads were that way as well --if I'm missing them. Page 96 Page 126 of 3899 September 10 , 2024 Looking into it, I know --I'm sure you guys have already looked into this, but State Statute 252.38 outlines a lot of ways to react to this. State Statute 704.01 also outlines some of the easement laws. We are completely hemmed in by the Lipman Farm 100 percent, and part of Six Ls, part of Sunnygrove and Tomato are our easement that they have to provide for us, so I don't know i £ that helps anything. I'm running low on time. I want to thank Trinity Scott for all her work. She reached out to us. She reac li ed out to me personally and a lot of the other people individua ly to help this move along. Thank you, Commissioners. 1 really appre G • ate you. Thank you, Rick. MR. MILLER: Your next speaker is Armen Benanoch. She'll [sic] be followed by Crystal :E oster. COMMISSIONER Lo <SJ\. >f.RO: I j ust wanted to add that it was really Mr. --Officer Fe is who eally pillled all the citizens together and sent us a v ery professional e-mail tli at just wasn't screaming and yelling. And as a littl side ot~\ you're looking at the Marco Island Police Officer of th 1\ear right there. He was recently awarded with E1\.pplaus ~<9 MMISSfi . So congratulations. MR. BENA . 00d morning. My name is Armen Benarrocli l contacted - COMM S~ ONER LoCASTRO: We traded some e-mails. MR. BEN.kRR0 CFI: Yes, I did. You are the one that really helped us a lot. COMMISSIONER LoCASTRO: Thank you. MR. BENARROCH: You brought us here, and it's wonderful what you did. My street -- MR. MILLER: Sir, could you please move the mic in front of your face. Thank you. Page 97 Page 127 of 3899 September 10, 2024 MR. BENARROCH: Yes. My street has been flooded since that rain for almost two weeks. I could get by because I have a truck, but I also have a friend that has a lot next to me --or land. He let me use his land to go around. But there's also people that live down my street that cannot go down that street because it's flooded. They're older. They can't get food, and that •✓s disturbing. I've owned that land there for 20 years. aid not live there for 20 years. I lived on Marco, and then I mo ~e there 11 years ago. We've been paying taxes for 20 years. Not a dime or a nickel has been brought to that land there. nd not only me all these people here that live there have been payjng taxes there. here does that money go? Does it go to his house OF youF fi0use or your land? It doesn't go to my land. W y. You guys have here --ou guys here ve unincorporated general MSTD. I pay $47.33. Ev.erybody else pays the same thing. So our --Collier is 80 percent nincopporated. So where does that money go to? T0 some Body else. It doesn't -none of it comes to us. ed ase or some kind of something that could ·ust come here an just use a tractor, move it up, get that land to be at so we can tlrive. We-J e driving li e this. ,;:Ihere's 100 potholes. A lady, she just had a heart attack a couple days ago. An ambulance could not get there. What if that was • our parents? Would you like that to happen to you gn~s'.? No. You would want to do something about it, and that should be done immediately, not wait another two weeks, another month, another 10 years. This guy --I don't know his name, McDaniel, he's been fighting this for eight years. Disgusting. COMMISSIONER McDANIEL: Forty-five years. MR. BENARROCH: Fifty-four years. There you go. It's not fair. And Six Ls should be cleaning out those canals. Those canals Page 98 Page 128 of 3899 September 10, 2024 are terrible. CHAIRMAN HALL: Thank you, Mr. Benarroch. Thank you very much. MR. BENARROCH: Thank you very much . MR. MILLER: Your next speaker is Crystal Foster. She'll be followed by James Dutton. MS. FOSTER: Hi. My name's C stal Foster. I have property out in Lafayette. I've had it i ars. Last year, the Six L Farm, the fa f one of the canals that goes for clearance for o water. Debby and that, that's why we're having so mu(}n trouble. In the nine years, it's never been this w An as hey were saying, there's a number , here's ly two handfuls ofus out there that have tractor e go maintain it. We've brought new thousands of 0f as .RUt out there. People have brought hey Bou • If 1/0U guys can get something o ext wait for two more meetin s --I i at peop e couldn't get through. They' • • amilies to be able to stay safe e'll go out t ere. '11 be gla cl to get ahold of a lot of these and go out f ere, and we'll go o t there with the tractors, and we'll get it done. It loo s like a rollercoaster out there right now. I honestly --I oon't go out there all the time. I have a property with a house. I have a enter,, and I have animals. My husband goes out there twice a day. We've put thousands of dollars in repairs on our vehicles to get out. I've heard of horror stories of people not being able to get out. We couldn't get our animals out with the trailer after that storm. The water --the potholes are so big, they go across the whole road. It's probably the length of a car and probably 4 feet deep. Page 99 Page 129 of 3899 September 10, 2024 We've got people that have been going out there and bringing rock and trying to fill it in as it dries up where we can see what there is, but we need help. A lot of the people in that area are service industry. As you've all said, to rent an apartment in the regular area, you can't. It's like 2000s to rent. They can't afford it, between tFansportation to and from Marco, North Naples, whatever. So die¥ try to do what they can, but there's only so much. This is an e ergency. Not another two weeks. We need help now. ~ (Applause.) ~-~- MS. FOSTER: Another issu at point with tRis that you guys have brought up so many different is nes, the millage. )(ou're going to take the millage cap off~ and we're going to be lumped in with these other people. Like he saia, :we'll take care of it. We just need a little help. We need it now. N0t two weeKs , not another month, not 40-something years later. Now, please. CHAIRMJ\N H~h, : Comm·ssioner Daniel. COMMIS , 0 ER cDANIEL: Is that our last public speaker?---- R. lv1J b L~R: ~o, sir. (:HAIRMAN . Lh · o you want to wait? COMMISSIONER McD NIEL: Yeah. I'll wait till they're done. MR. Mih ER: Ya r next speaker is James Dutton. He'll be followed by Jo1inn yi Jean Mary. MR. DUTTON: I'm James Dutton. I don't have property in the area, but I have a friend who cannot drive, and I have to drive down there at least three times every week. To go one mile from the paved road to his property takes me 25 minutes. That takes me almost an hour to go down and back, and it's tearing up my automobile. But I just --I can't abandon this person. He needs Page 100 Page 130 of 3899 September 10, 2024 help, and I'm there to help him. Thank you. (Applause.) MR. MILLER: Your final registered speaker for this item is Johnny Jean Mary. MR. MARY: Yeah. Good afternoon, everyone. From Della Drive in --Della Drive, I've been living in this street for, like, 2015. For now almost 10 years. This road is very bad. The street, for the morning time, the stn~et on Della Drive is a specific time --the bus station pick u p the ki s f0r the school every . morning. So when they're in [sic], it's ¥ecy, very bad. For now, I need to do something for the bus. I don't , ow why every tim the tax increase, every time we get complaint for th'.at. I think, li e, 2018 my father-in-law was sick. , want to call ambulance. He come. He got a lot of complaint. -e can't c0me help me. After that, he oied . Whe I got --after tRe. funeral we tried to come in there, th limousine, he nave me get a complaint for the car, need to see why he can elp us. We eome in a little bit Now it's more worse. More house buildin on the street now too. need to know why he don't build there sic]. I nee to do something for us, please. I can't be wait for one more year, two o e da~s. Try to do something for us, please. I come in £ r everyone in Della Drive. I don't think more people coming. I ta e the day off in my job to come in to see what I can speak to see where the ~ can help us. I got four kids. Every morning --I already got one car is broken in the road, so I don't want my second one broke. I need to help us, please. Thank you. Have a nice day. COMMISSIONER McDANIEL: Now I'll go. (Applause.) COMMISSIONER KOWAL: Do you want to kind of bring it Page 101 Page 131 of 3899 September 10, 2024 to the end? COMMISSIONER McDANIEL: I'd like to. COMMISSIONER KOWAL: Because I've just got a question for the citizens, if that's okay. COMMISSIONER McDANIEL: Do what? COMMISSIONER KOWAL: I have a ijuestion for some of the citizens, if that's okay. COMMISSIONER McDANIEL: e)kay. You want to go first, and then I'll bring it -- COMMISSIONER KOWAL : Veah, that wayi you can just bring it to the end. COMMISSIONER McDANIEL: As oCastro the plane. COMMISSIONER : e that. I just know --the gent 0n Sunnygrove. You guys were mai that r ou spent --I worked out at East Na ation. as 2 years with the Sheriffs Depa , ar with the roads Laakso, Ladybu nn 0wn there hundreds and hundreds of tim guys noticed recently, is this more recent t sev the water's standing longer in that area? C ISSIO IEL: Yes. Yes. Yes. Ask me. COMM S~ ONER KOWAL: That's what I'm saying, I'm trying to --well, tli er live there. I wanted to ask them because -- COMMISSIONER McDANIEL: I have some thoughts. I have some thoughts with -- COMMISSIONER KOWAL: Okay. I don't want to rain on your parade. COMMISSIONER McDANIEL: No, no, no. You did six months ago when I tried to pass the ordinance the first time, you Page 102 Page 132 of 3899 September 10, 2024 rained on it. But I'll let you lift the rain. First of all, who's responsible to fix your road that's in front of your house when you live on a private road? We are. All of us who access our property off of a private road are the ones that are responsible. We don't have an organized association t0 be able to collect dues and fees and take care of our roads, so this ~S~U for the whole county is a way this board can take care of tHe health, safety, and welfare issues that are being mentioned here tQday. They've been mentioned forever, 40-some-odd yea s, number G e. The limit on the millage at 1 mil will be sufficient to take care of what we need to do in order to go fo ard wit this and Qver a period of time, correct these i:oads. Now, my question to ri ·n·ty is, I don't --do we have a mechanism to fix these roads today? MS. SCOT , : So in the past wliat we have clone is we have deployed road maintenanGe out to go filx tliese when it's a half a mile of road -- COMMISSIO ER · . Right. Se ealing with nearly 16 miles of roa wa)",. don se resources to be able to go out and fix these s immediat e have to bring in a contractor to do it. COMM S~ ONER McDANIEL: That's what I was fearful of, and --which is, again, wby I've been --again, I can talk all I want about what was done • n the past. I don't want to continue to do what was done in the past. I want to fix this and fix it properly so that we're not having these discussions 40 years from now. There's --inevitably, because of the housing affordability issue, people are moving to these areas because it's less expensive, but it's your responsibility to fix your road. Page 103 Page 133 of 3899 September 10, 2024 Now, the folks that are living in the Six L area right now are probably impacted by the rehydration efforts that are coming with the CERP and WERP program for the South Florida Water Management District and the Picayune State Forest and the pumping that's going on and the northwest protection structure that's being built, which is probably why --I don't know where that lad~ went where they talked about Six Ls filling in the canal. But they're actually digging anothe, canal and building a levee around 6L Farms to protect that. So when di e aGtual rehydration efforts begin out of the Picayune Stat Forest, tl10 e folks in Six Ls --in the Six L area aren't goin to be as negativel~ impacted. So --but we don't have a circu stance today to sentl public assets onto private land. H' illegal. e taxes that Mr. enarroch was talking about that he's bee paying fo ev.er are for all of the public roads that Collier Countw ah:eaey owns. We don't --we're not allowed to take your ax mone:x and ceme onto :X 0Ur property without the declaration 0 £ an emeFgency. Xnd w Ren th is declaration of emergency comes about, you get o Nay back whatever it is the government spends on 1/0 r road. fi e mechanism that we're putting in place is going to fix: tli e circumstanGe, but it's going to take a perio of time. A o geffng it happening in two weeks isn't accomplishable in todax --111 our world today. COM l SSIONBR LoC A STRO: Can you explain why we can't just bring out a truckful of gravel like they're all asking? COMMISSION £& McDANIEL: Sure. Well, it's not allowed. We're not allowed to take public assets onto private property. It's not legal. COMMISSIONER LoCASTRO: We can't just bring you a truckload of gravel and spread it over 16 miles even though you've got all the equipment. Even if we wanted to do that, we can't do that. Page 104 Page 134 of 3899 September 10, 2024 COMMISSIONER McDANIEL: We would love to do it, but we can't do it. It's not legal. We're not allowed. And that's the --that's the rationale for doing it on a countywide basis and taking forward. The other thing I want to actually say out loud again, this isn't a one-time fix. Once this ordinance is in place, once this MSTU is in place, it goes on in perpetuity. So the wor.st first are going to be fixed. If you folks are added into the 1 J mires or so that Trinity --by the way, Trinity and her staff --this was a joint effort, by the way. Our police --our Sheriffs depart en , our independent fire districts, and our own staff have traversed all 110, 111 miles o these roads and rated them A, B, and C. A being t -worst, B, and die C. And so I acquiesced to the last ti e • us • to try to get d i e worst first, but then when the numBe s Game in with the cost associated with the revenue generated, tb'at's w en I pulled it. We were putting it back out for bid. There are t ree other <Son tractors that are bidding on the --on th &FP tRat we're going to put t with this. So I look for those expen €S to, in fact, come &own. But I just --I Just want to reiterate that the circumstances that are g0ing on witfi the fol s in Six s 00uld well have a large --a large issue • s happening 6ecaus 0f the reliydration efforts that are happen1 over in tHe Ricayune , and I won't expand upon that --all that right n w. So --bu t at's --I nope that answers your questions. And people were ask:ing que tions. This circumstance, for your mind, isn't a period of quest· ons and answers from the Board back to you. I'll speak to --Rick --Commissioner LoCastro --Rick --Commissioner LoCastro and I will speak to any one of you individually and answer your questions. But you come up, say your piece. We don't respond to you. It's not --we're not being rude. This isn't that circumstance. You share your --you Page 105 Page 135 of 3899 September 10, 2024 share your issues, and then we'll address them on an individual basis, so --but it's --just to reiterate, this isn't a one-time fix. This is forever. Once this MSTU's in place, everybody's going to pay a little bit over a period of time so that we get it taken care of. (Applause.) COMMISSIONER LoCASTRO: So I made a motion to move this for two weeks so that we have some meat on the bone. I heard everything citizens said. "Hey, wen something today." Ifwe could, you'd have --the trucks wo rol w. What I will tell you is, you closer tl aving better roads than you were yesterday, a week , the day befor I got an e-mail from Officer Ferris saying, se help us." e one thing that's different now y e years ago is you-e collectively working toge ere befoF ink maybe it was a lot of onesies, twosies, so tha Commissioner lvleDanie 1 wor a an aggressive speed here to resolve t uarantee you that. aye. So I mad 't want to say delay it, but -- MR. ~A g to continue this item. e OMMI , : --continue it for two weeks. (:HAIRMA t' s been seconded. All in favor, say COM ISSIONBR McDANIEL: Aye. COMMIS~.ONER oCASTRO: Aye. CHAIRMA'N H~LJ L: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. (Applause.) CHAIRMAN HALL: Do we have time to do 1 lA before we break for lunch? We're going to break for a short lunch, too. COMMISSIONER McDANIEL: What? Page 106 Page 136 of 3899 September 10, 2024 MS. PATTERSON: Yes, sir. Item #1 lA A WARD OF REQUEST FOR PROFESSIONAL SERVICES NO. 23-8071, "DESIGN SERVICES FOR BRIDGES WITHIN THE GOLDEN GATE ESTATES" WITH ATKINREALIS USA, INC., IN THE AMOUNT OF $5,389,565.01, AND A~THORIZE THE CHAIRMAN TO SIGN THE ATTAGN ED P <9 FESSIONAL SERVICES AGREEMENT (PRO E QT 60212). ~ ~y AHMAD, TECM DIRECTOR) (DISTRIC~ 5~ -MOTION T el APPROVE BY COMMISSIONER MCDANIEL; S <S ONDE BY COMMISSIONER HAL ll -APPROVE Commissioners, that bnngs us to tern l :i\, which is a recommendation o a prove award 0£ re uest for proposal --Request for Professional Services No. 23-8071, Design Services for bridges within the Golden &ate Estates, witn AtkinsRealis USA, Inc., in the amount 0f $5,389,5'65.01, a a authorize the Chairman to sign the attached :Professional Sewices )\greement. I\ Jay Ahmad, you rans po ation Engineering Construction Management directo F i'S her€ t0 present or answer questions. MR. AHMAD: Well, good afternoon. CHAI A , HAlJL: Jay, excuse me. Before you --as you-all exit, we still n ave a meeting going on, so could you-all just exit quietly. Than~ you. Go ahead. MR. AHMAD: Good afternoon, Mr. Chairman, Commissioners. I am Jay Ahmad, your Transportation Engineering director, for the record. I'll happy to --I have a presentation. I'd be happy to present or answer any questions that you may have. Page 107 Page 137 of 3899 September 10 , 2024 COMMISSIONER McDANIEL: I'll make a motion for approval. CHAIRMAN HALL: I'll second it. Motion and second to approve. All in favor, say aye . COMMISSIONER McDANIEL: COMMISSIONER LoCASTRO: CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: ~ e. COMMISSIONER KOWAL: N e. MR. AHMAD: Thank you v ery much. COMMISSIONER McDAN IEL : Now give u s a longer --since I did that, give us a longer lunch. J\nd I'm 1oking. Do whatever you want. CHAIRMAN HALL: , et's break f0 lunch and come back at five till 1; 12:55. COMMISS ONER McD ANIEL : W at? CHAIRMJ\N H~ T COMMI A • I'm not going to give you authorit}l te> do o a e H A-1 L1-: Thi tes. cheon I ecess was ha rom 12:23 p.m. to 12:55 p .m.) M TERSO • <S n air, you have a live mic . CH NH : All right. We're rolling. 1 lB. MS. 1 lB's continued. Item #1 lD AN EXEMPTION FROM THE COMPETITIVE PROCESS FOR PURCHASES FROM OCLC, INC., FOR THE ACQUISITION OF SUBSCRIPTION SERVICES TO CLOUDLIBRARY™ AND INTERLIBRARY LOAN SERVICES IN AN AMOUNT NOT TO Page 108 Page 138 of 3899 September 10 , 2024 EXCEED $600,000 PER FISCAL YEAR, AS BUDGETED, THROUGH FY 2025. (COMMISSIONER HALL'S REQUEST) - MOTION TO EXTEND SERVICES FOR ONE MORE YEAR BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS -APPROVED So we're going to llD, formerly 16D l. ;_[his item was continued from the August 13th, 2024 , BC G: meeting . This is a recommendation to authorize an exemJ:? ion fr 0 the competitive process for purchases from OCLC, Inc., for the ac guisition of subscription services to cloudLilliar;( and interlibra~ loan services in an amount not to exceed $600 ,000 per fiscal :½ear as budgeted through FY 2025. This item • s move cl to the regular agenda at Commissioner Hall's reques. Commissioner, would yo li ke me to read the other library item, and we'll handle di em -- CHAIRMJ\ HAhe: Yeah, let's do 11D and E at the same time. AN EXENI PTION FR©M 'F H ~ COMPETITIVE PROCESS FOR A SUBSCR ::PION TO NE HOOPLA DIGITAL SERVICE FROM MIDWEST TI ~E, LLC., FOR LIBRARY PATRON USE, EFFECTIVE O G <9 BER 1, 2024, THROUGH SEPTEMBER 30, 2025, IN AN AMO QN T NOT TO EXCEED $400,000 PER FISCAL YEAR. (COMMISSIONER HALL'S REQUEST) -MOTION TO EXTEND SERVICES FOR ONE MORE YEAR BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS -APPROVED Page 109 Page 139 of 3899 September 10, 2024 MS. PATTERSON: Yep. So 11E, formerly 16D2, was also continued from the August 13th, 2024, BCC meeting. This is a recommendation to authorize an exemption from the competitive process for a subscription to the Hoopla digital service from Midwest Tape, LLC, for library patron use effective October 1st, 2024, through September 30th, 2025, in an amount ot to exceed $400,000 per fiscal year. Again, this item was mov€fl to the regular agenda at Commissioner Hall's request. With that, we do have staff here fr0m li Bt aries that can answer questions or if you want to have a Board discussi n irst. CHAIRMAN HALL: Yeah we'll just talk aBQut it for a second. I brought it forward because --we g t two different issues. We got the Hoopla, and then we haYe the otner t>ne that has to do with some e-books as well as some cataloging. i\nd it just seemed to me like this was an ~ traordinary amoun of money to pay for these services for th ~ear. And one o --the Hoopla has already --it's already gone away. I mean, it's already expired, a · d we h ;y en't had an extreme public outc w sa-ying the ~ can' get thei i:: e-bo0ks. But I was --I was talRing to Mr. Neiman, and he was said that there was basically 4,0Q0 people or somewhere around in there that use these s~rvices, and for $900,000 a year, or up to $900,000 a year, if we were to cfl arge a11 those people 225 bucks a month, they could use their services, but t at's to get an e-book, and my thoughts are, why should the maj Qrity of the public be paying for a small amount of the public, 2 percent, to get their e-books when they can go on Amazon and get one for five bucks? So I brought that forward because I just didn't see the --in this era of trying to do things smarter and do them more efficiently, streamlining our process, I saw this as an opportunity to not really Page 110 Page 140 of 3899 September 10, 2024 take away services, because people have the opportunity to get their e-books where they --online for free, and I didn't see why we needed to be paying or the taxpayers needed to be paying nearly a million dollars a year to keep something that you can get for free. So, Commissioner McDaniel. COMMISSIONER McDANIEL: Well, thank you, Mr. Chair. I pulled this agenda item two weeks ago because these were on for a five-year renewal of these subscriptions on the consent agenda. I pulled this agenda item; continued • t foday t0 extend these contracts for one year, which provides the C{)ntinuing services that we've always done. Remember my discussion about doing hat we've always done? So this continues tli servic€ f~r one m@ e year. Within that year, staff c0mes back to us with a tiere cl fee --compensation for serv i e , ot fees --with a tiered compensation for services. \£'here are 12eople ~ o are economically deprived that do neea access to hese things, but there are also people who can, in fa t, aff orcl to pay the freig t, as ())U're talking about. And I didn't want 0 just extend tHe eontract for five more years without a discussion r0r the necessacy or proper compensation for the serviGeS Fenciei::ea. So this --the one co tract, there's --I think it's been out for about a week. If we pass this agenda item, we'll continue these services fo ~ one year, and then within that year, come back with staff-adminis ered tiered ee, fee process that equates to people's income. Andi ~ou can afford to pay to utilize the service on an equivalency basis, then you're going to get to pay. But for the economically deprived, they'll still have access to these services for educational purposes and so on and so forth. CHAIRMAN HALL: And that was why I brought it forward, because I don't know that we need to be --you can get it for free anyway, so why should we pay 400,000 a year for people to get it for Page 111 Page 141 of 3899 September 10, 2024 free when they can get it for free without us paying $400,000 a year? Have you ever --have you ever canceled your cable? I've canceled DirectTV and said, "You know what, we just don't want to pay 160 bucks a month anymore," and they tried to keep us on there. And we just said, "Look, we just don't want to pay anymore." So all of a sudden, they had a special. ):ou know, for the next year, you can get your DirectTV for 60 bueKs a month, and then we'll look at renewing the contract again. SG don't know that if we canceled the Hoopla, if they came bae and sa·a, "Well, you know what? We rethought this, and ma b we could p ov ide you these services for 50 grand a year." I ~on't know if that's the case or not. COMMISSIONER McDANI~ : WeU, there's -and I don't mean to interrupt you, sir ut there's a: lot or discussion going on because of what we've been 1<m]2 l€menting f0r systematic adjustments throughout our organization. Consiaeration is being given to how we've always con.due ed busin€ss and, y ou know , having ResourceX folks pointing out thes circumstance or tli l1 rent methodologies of compensation f o~ services rendered. This was one that I caught two weeks ag0 that it was coming througli on consent for a five-year renewal ana sto ed it nd so I thought rat e i than discontinuing it complete! --because the people who do use --you're absolutely correct, the e's --I don't know how many people, in fact, have a library card. e don't charge anything at all for our library cards. There's some discussio going on about a minimum fee just to have a library card and hav e access to all those things that are in there as one methodology of compensation. Then with these other services that are provided through the library, you don't get them unless you have a library card, then have an additional compensation for those services if you choose to partake, but do it on a --you know, I --you know, we all have Page 112 Page 142 of 3899 September 10, 2024 economically deprived areas within our individual districts, and this isn't a district issue. This is a county issue. I feel it --I feel the need for us to be able to provide those services for folks that can't necessarily afford them on their own. Now, we can certainly have a debate as to whether or not if you're not earning enough money, whether you need to have cable TV or not. That's a whole 'nother --that's a whole 'notlier debate someday as to whether that's an essential. CHAIRMAN HALL: That was ·ust an example -- COMMISSIONER McDANIEL : Yes, sir. CHAIRMAN HALL: --of HQopla maybe co ing back and offering us a better deal than what the~'re offe ing us noW-. COMMISSIONER McQANIEL: 'Phey potentially i ght. I would suspect --and I don \t lmow this for a fact, but I would suspect that the fact that we're reviewing this will gnze staff some direction to be able to look at tfie ov.erall c0ntracts ana find out if there's any latitude for mo ement ~ those eonfraets at 11. But my --m~ reasom :for con • nuing this two weeks ago and then bringing it back tooay was fiecause tliese are services that have been provided. I didn't want to discon inn@ those services. This extends them ot one year. ~nd lien we develop a proper compensation for the services renderecl. CHA AN HALL: Yeah. I'm not opposed to the tiered process, not a all, especially for the pay as you play. I just wanted tQ al about it before we just willy-nilly just stamped it. I thi r. Neiman explained to me yesterday that on the Hoopla, this is an amount not to exceed 400,000 a year, but the actual expense that we pay is about 200,000. It was 150-last year, and with the same amount of people who subscribe to the service, he expected those fees to be about 200,000 this year. Page 113 Page 143 of 3899 September 10, 2024 And the Hoopla is a lot different than the cloud-based things that has --includes the cataloging. That's less of a --it's less of an option, I guess, to go without it. But I just wanted to bring it out there and throw it out there to see if we want to just let the Hoopla go for a minute and see if --see if there's people that chirp, and if there is, we Gould probably continue it but just to see what would happen. Commissioner Kowal. COMMISSIONER KOWAL: ~fi an'k you, Chairman. I just --I just wanted a little i stg-ry on it. d0n't know a whole lot about it. Do we know when started using HQo~la, or does anyone have an answer? MS. PATTERSON: We have Ms. Cowser here from the library. She can provide that information. MS. COWSER: For tne recora, division director of Collier County Public L"braries , Catherine C0wser. Yeah, we e lS een using e-Boo k:s in general for --since I joined Collier County Pubic Library 15 Y,ears ago. What it is is vendors offer different services, and the ~'ve continued to be either bought out or sold on othe V€ndors, and thats Qll€ of the reasons OCLC's comiR before you today is because they used to be owned --cloudLibra used o be owned by Bibliothecha, and now OCLC bough them out. And Commissioner Hall is correct, that's part of our catal <9 ging env ice also. But cloudI.:ibrary did something special, and we actually --that's why we increased h exemption. But I'll talk about why we increased the exemptions for both in a minute. But cloudLibrary offers a consortium. Thirty-nine libraries in the state of Florida belong to this consortium, so our buying power is really high with cloudLibrary. We get a deal. Last year, our patrons downloaded 33,000 audiobooks and Page 114 Page 144 of 3899 September 10, 2024 33,000 e-books from cloudLibrary that we did not buy. Other libraries in the state of Florida bought those books. If I had to buy those books, it would have cost me upwards of 150-to $200,000, and our patrons got those for free. That's why we moved additional funds away from one of our other vendors to cloudLibrary, because we got a bigger bang for the buck, and that's what we're always looking for, using the money I have. An exemption doesn't really give me --it gives me the ability to spend. That's what an exemption does. The oudget gives me my true spending money with --whet , er it's for physical books or whether it's for downloads, audio OE e-books. So you guys determine my budget. The exemption just i es me t e NOwer to move that money to get t e biggest bang ov he buck within that fiscal year or within that tW-o -i cal year p riod, whatever, you know, the exemption goes through. ~ntl 'm alwa)"S looking for that. So right now, cloud:k i6rary is the bigges bang for our buck. Hoopla, tli e reason e have Hoopla, it's a --people can get on it simultaneously. So if I have chilhlren who want to use the Sunshine State Readers, whio are real popular in the summer, I can't buy enougfi physical copies t0. check out. We buy about 20 of each book that t e~'re suppos o to r€a over the summer. But Hoopla has those books available simultaneous use. So there's no wait for them. There's no holds. I can get 50 kids who can all read the same book through Hoop a, and my average cost for Hoopla is only $2 a download. So say, if you want to compare to --I buy a physical book in the library for $49 or $39, right, and it gets checked out four times, it's still cheaper for me to go to Hoopla and have somebody read that book for $2. And my purchasing price on Hoopla, we set those limits, we set a monthly budget, and I can increase or decrease depending on what budgets you allow me. Page 115 Page 145 of 3899 September 10, 2024 We also get donations, and that's another reason for the increased exemption amount is because we get donations through the year. I get people from Mail-A-Book who give me 3-, $400, and say, "Hey, use this for Mail-A-Book." I get --the Friends organization. Locastro has attended, you know, and they give me 75,000, but they say I want you to use this particularly fore-books or e-audiobooks, ano tliey put, you know, their required spend on that, that this has to oe used towards that. So they do put restrictions. But let me give you a little bit o £just quick ba<>kground on the complaints that we've had for a week. So what we id was we put up on our website that we had --ve ~ positi,ve essagin that we've had a temporary interruption in services. E ease contact us and let us know how can we better serv;e ¥-OU or may.15 find the book you're looking for in a physical fo , at or o cloudh ibrary or on Libby. So we've had ove F 00 pe o ple call in a we~K between filling out comment card , coming i to libraries. W ' e ad 200 of your constituents. ~nd I grouped their concerns into four categories. The first 0ne was i € imi our colle Gtion to physical items, which they ai , you know, this --they tfi:oug Ht that by us cutting out Hoop a, they were t fami 1ar, may e, with cloudLibrary. And they said, J Ott know, if you only have physical collections, you're impacting my access. I have a family. I have a family of four, a family o F six. I can't get to the library this week, but my kids need something to r:ead And so they --that was one of their concerns, that I'm limiting their access to people who cannot physically come into the library. The second concern was people who are on the go here in Collier County. And as you know, people come to Collier County because they get out and they exercise. They're bikers, they're walkers, they're runners, and they're listening to audiobooks while Page 116 Page 146 of 3899 September 10, 2024 they do that. And so they said that really restricted their access, because if I'm going to limit it to just physical items in the library, that's a book or a CD. And as we all know, the CD players that we used to listen to and walk, those are long gone. So they accuse me of limiting their access. And then we had people who were vacationing, and they called from far away and said, "Hey, I pay taxes here ·n Collier County. I'm a homeowner here in Collier County. 'm gone for three weeks. I can't come into your library, but I w,ant a boG k:, or I want an audio book." So they --you know, t ,ey said the n.~ally felt that their tax dollars should be wherever tl i e go, and they vaGation to; they should be able to download a book om us. And then the fourth reason was peop e who are visually impaired. So people who are ;v isually im~aired, for them to get into the library in the first place is hartl. *nd tlien they said, "Hey, technology has changed. I just on't want to use a CD player. I can download a boo n my. phone, an audioboQK. ' And so, an example of this is last Saturday a w @man came in with her caregiver. She is virtuall~ blin and ~ ' co e into the library, but she says, "How can I use di e liora~?" nd so what o • d fo her --her hearing aids actually go into her phone, bu · --and that's ot with a CD player. That's not with a book. But I downloaded three books hat she can read from her phone and get them dire ct into e hearing aids. And so what she's going to do is call the library, you know, like, once a month, get the four latest books, the trendy books, and what she should download. So these are people who you don't think are impacted, but we see them every day in the library. And that's the information I need to bring to you is, you know, that kind of access that we should bring to patrons and just to let you know more about . our services. Page 117 Page 147 of 3899 September 10 , 2024 And, you know, it's my responsibility to guarantee that all community members have access to materials and resources and that they're distributed and utilized without bias. Equitable service ensures that everyone has equal access. And I agree with Commissioner McDaniel, we need to come back to you in Fiscal Year 2025 early in the ~ear with discovery and research and --if you're interested in changing he services that we offer our patrons. Until then, I'd ask yo to a12 prove Hoopla and OCLC , and we'll come back with a _glan with€. er tiered spending or why we spend the way that we do, and that just educates all of us on why we offer what we do. CHAIRMAN HALL: Commissioner lV1 Danie l. COMMISSIONER McQANIEL: )t go away. MS. COWSER: D it down? COMMISSIONER library cardholders do )j0U n ave in MS. CO S • COMMIS • , So -- MS. E Q e OMMI --less than 50 percent of the total ~ulatio ty n:as a library card. MS. WS rary card. COM SSIO c IEL: And so the impetus --what I want you to R€.a F from me -- MS. COWS R : (t)kay. COMMISSION ER McDANIEL: --is we don't want to supplement, out of 100 percent of the people, 50 percent that actually have a library card. We don't want that supplementation to go on. That's the reason that I pulled the agenda item that was put forth two weeks ago where we were asking for a five-year extension on these agreements. Page 118 Page 148 of 3899 September 10, 2024 So I continued them to this meeting, agreed with staff to do a one-year extension so that we could continue to provide the services as we always have for one more year, develop a tiered fee structure so that those that can afford to pay can pay and do compensate for the services that are rendered, okay. I needed you to hear that from me that that was my rationale. It was very similar to what we were tal iJag about with the water ratepayer --or the water payers when we w.er supplementing the credit card users for a credit card fee, out of a1 o the water customers, we're supplementing a ,most $1.8 milron a year in credit card fees that we were --that we ere paying for tfi:Qse --those few that chose to use their credit card. So having that number now is --of ibr.ary cardholders helps --I hope helps you understand her I'm com· ng from anyway with regard to supplementing out ol\ ouF General und a million dollars a year for these folks whQ actually utilize these se ices. It's only i;"gh tha tliose that oan afford to do, in fact, compensate for the servites that t eY-receive. CHAIRMA Mi\~ • ¥es and it's easy to make the case. But when yo oreak the num ers dow , ~0 've got 200 people that, so far, jli t in a wee -'m s re that's going to grow. But that's 200 people that the taxpa~ers are paying $86,000 a month for those 200 --for those 200 peoRle to access something for free when they're --if we were the only source of something free, that would be a different argum nt, but there's multiple sources for something free. So I was just --I don't think it's good fiscal sense to provide those services for less than --less than 1 percent of the population. And I was just --I wanted to bring --you know, if the Board decides to do it, then we'll decide to do it. I love the --I love the shared thing, but to --it's just a lot of money to have somebody to have the chance or the choice to do Page 119 Page 149 of 3899 September 10 , 2024 something that they're not paying for anyway. Commissioner McDaniel. COMMISSIONER McDANIEL: Well --and just to reiterate my point, I agree 100 percent with you, but I would rather we extend these agreements for one more year, develop the tiered compensation methodology and have that brought back to us so that we can offset the majority of these exposures and not be sup,p1 ementing out of the General Fund. So I --my --I'd make a motion t0 pass thes€ for one more year and have that --and have that tiered compensatio structure come back to us early in the fiscal year o:6 '25, which is bef oFe the end of '24. CHAIRMAN HAL Comm1 wal. COMMISSIONER R~: T an , Chairman. I just don't want us to lo • -, t the 150-some-odd-t _ t ar e also taxpayers, so I don't know t ord "free services." They do pay t erybody pays taxes in this count to the un . , an a lot of things that don't bene 05,000. I mean, if we're going di way, en it will make our job really hard. I'm just -I'm just Bringing light on that just so we don't lose --lose ligli that tHey do pay. They do pay something. CHAIRMA'N H~:U L: Sure . Everybody pays. COMMISSION ER KOWAL: You keep using the word "free." But the other question --I never really got to it. Is this --what's it, Hoopla? MS . COWSER: Uh-huh. COMMISSIONER KOWAL: Is it a sole provider? I mean, is it -- Page 120 Page 150 of 3899 September 10, 2024 MS. COWSER: Yeah. COMMISSIONER KOWAL: --that does this particular service? MS. COWSER: Basically, there's three big players in the game, and we have exemptions for all three, which allows us to go in between for the best deal. So it's Hoopla. 'E,here's Kanopy, Hoopla, Music -- COMMISSIONER KOWAL: I guess where I'm going is, because now we're renewing it, did we eempeti • ¥ely have the other ones have an opportunity to -- MS. COWSER: So --weU --and that's what e look at, the prices of --there's Libby, which is YerDri ~e, that one' higher price, and we've moved more funcls away from that, and we have gone to Hoopla, and we have gone o e oudLibra~ that are better deals. There's not five, six, se v.en pla~ei:s in the game. There just isn't. They're consolidating. And tha 's a grea question. But we look for the best deals n each of those p atforms. We just rece tly switched our magazine. Same thing. We were with a sompan~ ca1leo i~ste r., and, you know, over two or three '.)'ears, the ~ kept increasing tfieir f)rices, and I pulled away, and we en to cloud iBrary fo 1' the magazines. So we're constantly looking at the best d al. COM ISSIONER KO AL: And, you know, I kind of --I understand what Commissioner McDaniel --I'm kind of looking at the same thing we d0 with the credit card thing. You know, it is a little extra service hat we provide that maybe not everybody in the libraries use them, too, you know. We can probably say that. Maybe there is an extra few dollars, you know, towards a library card if you use these type of services. I don't know the exact number. I don't know how --it would be something that would have to be broken down; we'd have a longer discussion on it. Page 121 Page 151 of 3899 September 10, 2024 But, you know, I don't want to see the service disappear, because it sounds like --especially when you made the comment about the kids and off --you know, summer reading, mandatory reading for schools. You know, they come into the library, and there's only 50 copies in the whole county. You've got --we've got 50,000 kids that are on vacation in the summer. MS. COWSER: Yeah. They're not going to wait two or three weeks, you know, for a book. They neea to Fead it now. COMMISSIONER KOWAL: ¼eali . It's something --a tool that they can --or maybe it's something we need to get on with the school board. Maybe they can shate some of the c0st, you know, because it's their students that are uti izing it i through t e library system. So I don't know (f that's some --an avenue we can look at, or bring them on board. MS. COWSER: Yeah, and see what the schools purchase. But they kind of look at what we purchase , too, and ask us to purchase the Sunshine State. ;f hey giv;e us t , e 1 • st and -- COMMIS , 0 ER KOW A ~: I'm saying share the cost for us eows MISSfi eah. They've got deep pockets over there. CHA AN HA L : Yeah, they raised their taxes. COMM S~ ONER KOWAL: They keep raising their taxes. MS. COWSER: Gh, I didn't know that. But I think, Commissioner Kowal, like you said, I mean, you take the lady who came in, and she's lost her vision. She pays taxes. She's not using parks and rec. She's not using maybe some of the other services, but to her the library's very important. And, you know, she considers her tax dollars, too, that, hey, I use the library, and I get four books a month, you know. Page 122 Page 152 of 3899 September 10, 2024 COMMISSIONER KOWAL: Yeah, I think it's -- MS. COWSER: Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah, I'm glad you --pardon me. I'm glad you mentioned the parks, because when we start looking at things like Commissioner McDanie was talking about, we don't want to supplement one group of people --have another group of people paying to supplement their use. e do that everywhere. I mean, that's --our parks, there are a lo of peo le that never go to the parks, don't have family, kids tli'a go to the park, but they don't have a problem paying their taxes. Same thing with school taxes. A lot of folks don't have any kids in the sc ool system. So there are a lot of reasons why you have programs that some people use and some people OQn't. EveryJ:>ody pays for all of them, and I don't have a problem ith t at. So I thi k we've got to be a little careful looking at making sure tll at heJJe~ le that are paying for a particula service, t fi , se are --, hey're not supplementing somebody else, because wte do that a lot. And I'll secontl the motio n, if the r e's a motion to approve those for another year becat1s I think we n@ed to evaluate it. I think that's a grea idea. But I don't reall~ buy into the fact that there's only 150,000 patrons in the library, perhaps, ut everybody else is paying for them. So I'd just ca tion us on ihat. COMMISSi ON£& McDANIEL: That's a nice caution, and I probably misspoke li en I was talking about that. I just --there are less users of these particular e-books and these services that are being rendered, and all I --and this is just an overall overarching thing. When our residents have the capacity to be able to pay, then they should be paying. CHAIRMAN HALL: And that's exactly why I brought this Page 123 Page 153 of 3899 September 10, 2024 forward, just so that we could have the discussion. So we have a motion and a second. And so all in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: So moved. Item #12A AUTHORIZE A REPRESENTATIV OF ff-,ECO }\ ATTORNEY'S OFFICE ffe) BID ON BEH LF OF THJ3 e:'.OUNTY AT ONE CODE ENFOROEM NJ LIEN FORECLOSURE SALE SCHEDULED BY THE CL i G:OLL £ COUNTY, FLORIDA V. L:EE VERN L~MBER'.f, E ~ A~, <S IRCUIT COURT CASE NO. 23-C ~-339 2 , IN AN AiVIQ ~ NOT TO EXCEED THE VALUE OF TH~ 0 Y'S F0l~CLOSED LIEN INTEREST (APPRO~IM TE $"235,029.65). (COMMISSIONER MCDANIEt S' R£Ql:J EST) -MO'FION TO CONTINUE THIS ITE 'F O A FUTlJRE NiERTING BY COMMISSIONER MCDA fRL; SECONDED BY" COMMISSIONER LOCASTRO - APPROV D MS. P ATTER§;ON: Commissioners, that brings us to Item 12A, f ormerl t 6K3. This is a recommendation to authorize a representative of the County Attorney's Office to bid on behalf of the county at one code enforcement lien foreclosure sale scheduled by the Clerk in Collier County, Florida, versus Lee Vern Lambert, et al, Circuit Court Case No. 23-CA-3392, in an amount not to exceed the value of the county's foreclosed lien interest, approximately Page 124 Page 154 of 3899 September 10, 2024 $235,029.65. This item is moved to the regular agenda at Commissioner McDaniel's request. CHAIRMAN HALL: Yes, sir. COMMISSIONER McDANIEL: Yes, sir. I just --the County Attorney and I spoke about this yesterday, and this is --this is a foreclosure sale that we' e going in on, and he was asking for authorization to go up to the lh~n amount on the --at the bid just to protect our interests. I had the suggestion of lifting th ien --or t e limit on what could be bid. We have to be carefill because this is a IQUblic auction, and anybody can go --anybody can go bid. So if we s an setting limits, someone can go bid a dollar mo e. .X nd, of course, our primary goal is to get bac tfl amount of our lien, but on the same token, we're shy of public access fQr waterfr0nt properties. This particular piece of Rroperty is ~ezy close to one o n our public boat ramps where e'te terriblx limited on parl<ing as well. And so I wanted to float he • dea of allowin our County Attorney's Office, when they go to this ale, to o hign r than the limit to be able to maybe aGqutre di pie Be Qf property,. ~<9 MMISSI© ER L.oCASTRO: So the property is in my district ano, I mean, if the --if ;;ou're implying that if we bought the property, that turning it into a parking lot for the boat ramp just down the road --I m an, this hmuse might look --it is close to the boat ramp, but it's als0 int middle of the neighborhood. The person who owns the house nght next to this thing I don't think wants a parking lot right next to their house, or the people across the street. So, I mean, I'm not saying it's not --it's not an option. And we're just spitballing here. But I can tell you what the community wants is they want that house sold to somebody who's going to clean it up and keep it a house. Page 125 Page 155 of 3899 September 10 , 2024 You might be trying to think out of the box. And, no question, there's a big parking issue at the Goodland marina, but I'm not so sure acquiring this house and then trying to move the steps forward to tum it into --you know, pave paradise and put in a parking lot is what the citizens of Goodland would be excited about, especially in this location. Although it is convenient to the mat-ina, it's also convenient to the surrounding neighbors, se, ... COMMISSIONER McDANIEL: COMMISSIONER LoCASTR CHAIRMAN HALL: We ·es n g with purchasing it and selling it and p it. COMMISSIONER LoCAS at's I can tell you, there's already -- COMMISSIONER M ID~NIEL: COMMISSIONER Lo e3AST-RO : ow people who are extremely interest • buyi t amount, not a dollar, and to p, and use in the neighborhood . MR. ~A , ard' s desire to consider purchasiBg th ~' et appraisals, and the reco ation w. ld be to au onze me to bid up to the appraisal level. C l SSIO c IEL: We can't do that within the time frames. MR. KLA ~~K0W : Yes, we can. The --we can, sir. The --Ron, what time is the foreclosure? MR. TOMASKO: November 21st. COMMISSIONER LoCASTRO: It's November something, yeah. 21st? MR. TOMASKO: 21st at 7 a.m. COMMISSIONER LoCASTRO: Yeah, yeah, yeah. Page 126 Page 156 of 3899 September 10, 2024 COMMISSIONER McDANIEL: And we could do the appraisals in-house? Would that be sufficient to meet our two-appraisal methodology? MS. PATTERSON: Is there a threshold that we have to go outside? MR. FINN: What's the threshold, Jeff? COMMISSIONER McDANIEL: Five hundred. MR. FINN: Five hundred. It de ,-ends whether it exceeds that. The review appraiser is capable --em • appraiser is capable -- COMMISSIONER McDANIEL: It's goin in more than that, probably. MR. FINN: Wheth -• the s a o thresho MR. KLATZKOW: • -praisal comes back to, say, $800,000, at that poin 11 in to the Board and asking for a sec on a appraisal COMMI McDANI ath to travel. And, again, it's your ' skirt on this. I'm just talking ab e OMMI don't wear skirts. (:<9 MMISSfi ANIE : Okay. I'm not --the utiliza the p , perty for the public good --we've got a terrible, ernble par • • ssue. Sorry a6 0 ose two down there are laughing at me, so ... The --we've g0t a terrible parking issue here, and so that was one of my thoughts was if we could acquire this piece of property and certainly buff er it from the neighbors that are close as best as we could but provide for additional parking, why wouldn't we pursue that? Now, on the other side, we can just leave it alone, bid in Page 127 Page 157 of 3899 September 10, 2024 our --bid in our lien amount and go on about our business. I'm fine with that as well. But we're just so --we're so constrained on properties on waterfront that --why wouldn't we have a look at it? COMMISSIONER LoCASTRO: Well, I think you'd get a lot of pushback from the neighbors and from the commissioner whose district it's in. I don't know that that's the spo for a parking lot. But I think we're talking about two or three dif erent issues here. The bottom line is, we're trying to recoup as close to the amount as to what they owe us, correct? I mean, 1 at's sort of Issue No. 1, you know. MR. KLATZKOW: Yes, 8'ir. COMMISSIONER LoCASTR nd I thin e paramount issue, you kn d s , I know • tizens in the surrounding area hav t of 1 meetings in this community, you know, an ey unde parking issue. But I think I can spe em saying the would hke this to be a house that matches a 1 er houses tear it down and tum it into a parkin ut the b ne is whatever this house sells for is more tha e tt f this owner. So even if we didn't oup t 00-and i , it's still --right? I mean, they av;en't pai MR. KLA T . e no doubt we will recoup our money. COMM S~ ONER LoCASTRO: Yeah. I mean -- CHAIRMA'N H~:U L: Here's the way I'd like to approach it. We're going to --I'M like to raise the limit. If the house appraised for a million dollars, I'd like to set us, you know, a maximum bid of 80 percent of the value. And once we acquire it, we can, in tum, put it for sale and recoup our money, plus some. Now, by law, anything over an amount --over and above the lien amount, the landowner actually has a --has an opportunity to Page 128 Page 158 of 3899 September 10, 2024 claim that if he knows about it. I'm going to say probably 90 percent of the time they don't, but --so I definitely am all about raising the limit to acquire it. And we have everything to gain and nothing to lose by doing it. MR. KLATZKOW: We could continue this item, and then we can come back with an in-house appraisal, and then the Board could take a fresh look at it. Again, we have plent)) of time on this. CHAIRMAN HALL: Commissioner cDaniel. COMMISSIONER McDANIEL : et's cross the first bridge and go ahead and raise the the amQunt of the lien, go ahead and do the in-house apprais on't --I'm · py with us moving into the real estate busine U¥ing it fo reg (phonetic) and selling it fClr one an or two. It's not what the government does. Does ' things well. If we -- CHAIRMAN HALL: ell. COMMI Mc u can, but --so I would rather t e raisin e 1 d do an in-house appraisal, and ome ba have another discussion -- COMMI , About options. e OMMI N IE . --as to whether or not we want to ~ursue the aotual ac uisition or not. We had --you know, there again, ifwe ge l into specificity, if it appraises at a million dollars ancl we give 80 percent of, then that tells the world that we'll pay 800,000, so somebody buys for 801-, and we get beat at the podium. CHAIRMAN MALL: That's okay. We still get the money back, plus --plus, if it's not claimed, we still get all the money. COMMISSIONER McDANIEL: We still get our --we're only entitled to our lien amount ever, unless we were to buy it and then resell it. But if we start getting into a public discussion about a public auction, we're not --we're not the general public. We're the Page 129 Page 159 of 3899 September 10, 2024 government, and so -- CHAIRMAN HALL: How much is the lien amount? Is that the amount listed? COMMISSIONER McDANIEL: Two hundred thirty some odd, yeah; 235-. COMMISSIONER LoCASTRO: Th thing I just want to echo is this isn't a real estate deal. This is a JU yard house that we've dealt with for years. It even predates me. And so we're finally at the final stage. And so the goal here is to t u use into either --something viable that s everything el ound it. I agree, I don't think we want it to just ion a ls for a fraction of what it's worth So, you know, I con tting an appraisal and moving forward. But in ouse is --if you've ever driven by • total J e're trying to flip. CHAIRM There' e yucks. COMMIS~I 1 (j)CASTR <O : Yeah. Let's see what you come baGk with. e e time. KJ:~TZKO (:<9 MMISSI© ER L.oCASTRt): And even the part about the parking lot or whate "\Z eF, lik said, I'm just speaking from knowledge talking to the citizens. l like he idea out of the box. But, you know, I can tell ~ou, it's cclose to the marina, but it's also smack dab in the middle of a n 1glroorhood. But maybe that's for a separate discussion. Let's see if we acquire, you know, the house first and see what you guys come back with. But I really want to applaud Jeff Klatzkow and his team because this is --this is kind of --we haven't done this a lot, right? I mean, we've had these junkyard places before and, you know, the fine went up 200,000, nothing ever got paid, and then it fell through the crack. Page 130 Page 160 of 3899 September 10, 2024 This is one time where we've aggressive --really held feet to the fire. And trust me, this family has come to court, and they have been very visible. They're not missing in action, and they're not happy. They came in here one time at one of our commissioner meetings, you know, begging for extra time. And thankfully we all said, listen, you've had years, you know. So they've had the time. So, you know, we want to do this one righ. And this might also set a precedent. I actually mentioned tliis house in my newsletter, and what I said to citizens i , "Do ou have a junkyard house in your neighborhood?" You kn ow, you tio 't just have to put up with it. We can have Tom from Code R forceme t send n· team out to addresses. You know , d0n't be silent and just roll your eyes and say, "Oh, we hate this one house 111 our neighbor ood." You know, we're the County, and wed~ have standards. This one's way past the standards. But I've since hearcl from several other citizens and ha e puslied those o;v e,r t Co a e Enforcement to take a look. You knew, on these and not just, you kno iek'. the ca years. So I look forward to see wh ou come b I lrn ow some people that think they're go ing to get r pennies on a dollar aren't going to be happy wJi at we ju out now, but -- COM ONER McDANIEL: It doesn't matter. COMMISSi ON£& LoCASTRO: --that's how it works. MR. KLATZ ~QW: My expectation is somebody is going to buy this property, knock down what's there, and put up a really nice house. COMMISSIONER LoCASTRO: Well, that's the plan, yeah. COMMISSIONER McDANIEL: Well, you know, there again, you talk about it for our use. It doesn't have to be a parking lot. Page 131 Page 161 of 3899 September 10 , 2024 Maybe --you know, maybe --maybe we can put it up for housing affordability for the businesses that are in the area. Do something. COMMISSIONER LoCASTRO: A lot of options. COMMISSIONER McDANIEL: There's a myriad of uses that we can --we can have a look at, but -- CHAIRMAN HALL: So what -- COMMISSIONER McDANIEL: Yo want a motion for a continuance for two weeks and do the in-ouse appraisal and then bring it back? CHAIRMAN HALL: Continu nee until we -- MR. KLATZKOW: Why Mo ·nue t ·thout a date, and then once we have appraisals, bac COMMISSIONER al. MR. KLATZKOW: COMMISSIONER if that appraisal in-house comes bacl< hi her t, then we'll have a discussion at t 1 a other one or not. COMMI That's fair . You can do all that withettt a st do it. KI: that. Although it would be bett ntin MMISSI NIEL: I'll make the motion for cont---I mean, I'll mak e the motion for the continuance. COMM S~ ONER oCASTRO: I'll second it. CHAIRMk H~:U L: All right. Motion and seconded just to continue. All in fa v:0 r? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Page 132 Page 162 of 3899 September 10, 2024 CHAIRMAN HALL: Good. MS. PATTERSON: Commissioners, that brings us to Item 14Bl. This is formerly Item 16L2. COMMISSIONER McDANIEL : Well, I'm reflecting over my slip of the tongue. MS. PATTERSON: I'm sorry? COMMISSIONER McDANIEL: You're good. Continue. MS. PATTERSON: 12B was retu ed back to the agenda at the beginning, so ... COMMISSIONER SAUNDRRS. Oh, tha~ 11ight -- COMMISSIONER LoCAS T 0: There isn't a l B? MS. PATTERSON: Yeah. We're going to 14 --we're going to --we had a 12B, but 1 E got put baGR onto the consent agenda. Item #14Bl THE BOARD O CO q"y C6lMMI SI 6) ERS (BCC), ACTING AS THE COMN1DNITY REDEVE KOPMENT AGENCY (CRA), AUTHORI~E FO TIR , E BERS 6>F THE BA YSHORE GAT ,w,l{y ~Rlr\NGLR LOC~~ REDEVELOPMENT AD V SORY BO ARD, 0 Ii MEMBER OF THE BA YSHORE BEAU'F F CATIO UNICI AL SERVICE TAXING UNIT ADVISOR~ COMMI~TEE, FOUR MEMBERS OF THE IMMOKAL E"E l-OCAL EDEVELOPMENT ADVISORY BOARD, AND 61NE EMBER OF THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE TO ATTEND THE FLORIDA REDEVELOPMENT ASSOCIATION 2024 ANNUAL CONFERENCE; AUTHORIZE PAYMENT OF THE ASSOCIATED REGISTRATION, LODGING, TRAVEL AND PER DIEM COSTS FROM THE CRA TRUST FUNDS (FUNDS Page 133 Page 163 of 3899 September 10, 2024 1020/1025); AND DECLARE THE TRAINING RECEIVED BY THE BOARD MEMBERS AS SERVING AV ALID PUBLIC PURPOSE. (COMMISSIONER MCDANIELS' REQUEST) MOTION TO APPROVED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL -APPROVED So we're going to 14Bl, which was forme rl y 16L2. This is a recommendation that the Board of County ommissioners, acting as the Community Redevelopment Agency, autfl 0r·ze four members of the Bayshore/Gateway Triangle Local Redevelopm€nt Advisory Board, one member of the BaysHQr Beautification Municipality Service Taxing Unit Advisory Committee , four memoer of the Immokalee Local Redevelopment Advisory Board, and one member of the Immokalee Beautifioatien Municipal Service Taxing Unit Advisory Committee to attend the li:loi:ida Re e;v elopment Association 2024 annual conference; autfi orize paiyment of the associated regi tration, o~ging, rave , and pe diem costs from the CRA trust funds, nd deGlare the training received by the board members as serving a valid 12 b-lic purnose. This is being moved to the regu ar age aa at lS ommissi0ner-M cDaniel's request. G:'.PIAIRMAN L • Yes, sir. COM ISSIO £R McD J\ IEL: Come up here, Mr. John. Why is he la ghing? MS. PA 'F RRSO : He was sitting there quietly waiting to see if you were just go· ng t0 talk amongst yourselves. COMMISSIO / R McDANIEL: No. No, no, no, no. The reason that I pulled this is because we are --these funds, the CRAs, both the Bayshore and the Immokalee and the MS TU s, are taxpayer money. And if I recall, this is about $78,000 -- MR. DUNNOCK: Seventy-eight hundred. COMMISSIONER McDANIEL: --for 10 people to go for this Page 134 Page 164 of 3899 September 10 , 2024 one -- it. MR. DUNNOCK: Seventy-eight hundred. COMMISSIONER McDANIEL: Seventy-eight hundred. MR. DUNNOCK: Yeah, per CRA. It's about 16,000 total. COMMISSIONER McDANIEL: Oh, okay. Maybe I misread CHAIRMAN HALL: Maybe that's 800-'b ucks a person. COMMISSIONER McDANIEL: I had J S,000. MR. DUNNOCK: No. It's th.Fteen, 1200 a person. COMMISSIONER McDAN ~L: Okay. Make a motion for approval. COMMISSIONER KOWAL: '11 second it. CHAIRMAN HAL I/. ~Jl right. COMMISSIONER M IDA.NIEL: I'm sorry. I had 78,000. CHAIRMAN HALL: Q W'0IT1€S. MS. P ATTitR~O : I tHirlk we 11 misread it probably, because I had a much larger numBer in~ mind, toe When he said 7800, I was like , "What?," CHAIRMAN J\~L· Just thi nw how smart we're going to be when four people go out of each C when they come back after being trained. So w have a motion and a second. All in favor, say aye. COM ISSIONBR McD ANIEL: Aye. COMMIS~.ONER oCASTRO: Aye. CHAIRMA'N H~LJ L: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: So moved. COMMISSIONER KOWAL: What is that beeping? COMMISSIONER McDANIEL: Yeah, it does say 7,800 in the executive summary. It's 7,800. When you and I talked about it Page 135 Page 165 of 3899 September 10, 2024 yesterday, I had 78,000 in my head, so ... MS. PATTERSON: I think we were focused on the number of people going, too, and that didn't seem unreasonable for 10 people. But I guess --yeah, okay. Moving on. Item --that brings us to Item 15, staff and commission general communications. Item 15A, public comments on general topics not on the current or future agenda by individuals not alread:½ neard during previous public comments in this meeting. MR. MILLER: We have nn e. MS. PATTERSON: Have e ever had one? MR. MILLER: I was just thi ing, b / t think o e time we did, but it was just one, and t ey weren't ab e o t>e here for Item 7. MS. PATTERSON: I see. All right. Staffproje e. Item #15C i\nd that brings us to Item l 5C, staff and commission general commun· cations, wll ch I also have none. Coun~ ~ttomey '?- MR. KL J\.J\ZKOW: Nor do I. MS. P ATTER§;ON: Commissioners. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I do not have anything, Mr. Chairman. Thank you. CHAIRMAN HALL: Okay. Well, if any ofus gets windy and it comes to be 2 o'clock, you do your deal. COMMISSIONER SAUNDERS: I appreciate that. Page 136 Page 166 of 3899 September 10, 2024 CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: I just want to thank everybody up here for doing the hard work and staff for all the hard work they put in. I thought this meeting would have been a lot longer and a lot more, but I think we got it done fairly quickly. So thank everyone; thank you. CHAIRMAN HALL: CommissioneF COMMISSIONER McDANIEL: ood afternoon. I have two issues. The first, Commissioner SauncleP , you and were in agreement on a variance request over on Sy amore that got pusHed through. We pulled and requested an objection to th€ variance reguest that the Hearing Examiner granteel within the 30-a period I thin~ at Day 26, and somehow the necessaf); n:0 ice didn't get to the owner, and the 30 days lapsed before he actuallf o noticed. And I'd like to n ave a qui<;;~ rendition from r. Bosi, if you can, as to what transpired, wh11 that tl\aNsP,ired. nd also, my second point with pulling t at in tne first ~lace --I really wasn't --didn't really have anx in ten ion o making tfi fell ow tear down his building, but I wantea t0 fix the system • tfi: i:egard to the lack of coordination betwee Zoning a d Building with regard to our permitting. THat's what --t ere's where the hole in the doughnut that I was seeing neetle to --as Commissioner Locastro said earlier, we're here to fill in the cFacks. MR. BOSI: l:hanK you. Good afternoon. Thank you, Commissioner. Mike Bosi, Planning and Zoning director. And I guess the place to start was --on June 11th was the hearing which during the Item 15 you had requested, and Commissioner Saunders had requested, the appeal of the Hearing Examiner's decision. That Hearing Examiner's decision was rendered on May 17th. That meeting was July 11th, so --or Page 137 Page 167 of 3899 September 10, 2024 June 11th, so you were within the 30-day window. Staff --staff was present. We heard that, you know, for staff to initiate the appeal of the --of the hearing or the HEX decision. And one of the things that staff did was on June 14th --and let me think. So on June 14th, three days after the Board directed staff to initiate the appeal of the HEX decision, I reached out to Noel Davis. Noel Davis was the attorney who Fepresented Jamie Lawrence, who was the property owner for he Sycamore variance. I contacted Mr. Davies, as you can see, ana I left a voicemail the day before on the 13th, and I had et h'm know t ton Tuesday, the BCC, under general communicati ons, directed staf to appeal the HEX Decision 24-20. Let me know tf you and your ol·ent would be able --be available for the July 23rd or t e .A'.'.ugust 13th 13 C hearing. Because specifically what ~ou eq u ested, ~o wanted to hear that over the summer. You thought it w s appro~riate to hear it over the summer. So I rea died out to M . DaYies three days later, within --within that 30-day perioo. Then, unfoittinately, it wasn't u , til Noel's response on the 19th of June that I was --read t e message, and it basically says, "I no longe represent Mr. :D w.rence. I have copied him so you can contact him directl~ :regar-0ing the schedule," at which time, that same day, I contacted Mr. Lawrence and said, "Please , let me know when you're avaHable --if you're available for the August 13th BCC hearing for tli e oard to hear the appeal of the attached decision. We've passed tli aeaoline for the advertising for the July 23rd BCC hearing." So one of the things that --when I spoke with him, he said, "Can you work with me? Can you work with me? I need to find additional representation. If the Board of County Commissioners wants to hear a review of the HEX decision, I think I need representation." So I agreed to work with Mr. Lawrence. Page 138 Page 168 of 3899 September 10, 2024 But what happened, the day that I contacted him on the 19th, that fell outside of the 30-day window. The time frame for a HEX appeal --and you'll be able to see it. It says, "Within 30 days after the Hearing Examiner's written determination has been rendered, either the county or the landowner may appeal the determination to the Board of County Commissioners. Additional fees must accompany the appeal. At the public heari g, he Board of County Commissioners review the record created b~ the HEX decision, and they could take action related to that re ¥iew." The Board voting to appeal the HEX decisi0> didn't comply with the requirements for staff to ile the appeal. I was --it was my mistake. I thought the Board, acting within at 30-da~, ould vest --vest your ability to n ear that appeal. I should have reached out to Heidi Ashton, who's t e..m anaging county attorney for Community Development/Gt owth anagement, or Mr. Klatzkow to confirm that --at least my understanding, and I d id not do that. So when I did first c0ntact M r,. Lawrence after I got the response back from his finn or re11resentation, it was outside of that window . So because o that -rrd t e rep,resentative that Mr. Lawrence retainea Mr. Ste e Brac ~i, a lo g-tim@ attorney, found that procedu al loophole, and h expressed that, because of that, that he felt tha were wit i that --that we were outside of the window that was provided to us. COMM S~ ONER McDANIEL: With that, I would like to --I would like for u , to eom:e up with a procedure somehow so that we don't get caught ag i , . If there is --if there is an action by this board that has a time limit --and I remember, Commissioner Saunders, you and I specifically talked about this time limit and that we were within that time frame. I want necessary legal action to be taken, not relying upon zoning staff but the County Attorney's Office, to ensure that we're within the guise of our ordinances so that we don't end up Page 139 Page 169 of 3899 September 10, 2024 in a technicality here. Go ahead. MR. BOSI: But one thing --and I was amiss. Before I started this, I did want to say on this agenda, this agenda that you guys approved as part of the consent agenda, was a second request to advertise for modification to the Collier County Building Code to require after --within 10 days of the point of a foundation, we now will require --at the September 24th you'll ave it on your actual agenda that will require a spot survey to fie s bmitted within that 10 days to be able to prevent for this same issue lo ~ome up again to be --so the fix that you guys were most f ocuse p0n, I believe, is being proposed, and you guys will adopt that within y0ur next hearing, but I just wanted to put that aside. It was --the responsio ility was on e, and I was out&i cl e of that window, and it's --it's someth ing that I be r the responsibility for. COMMISSIONER SA DERS : Let me chime in for just a minute. First 0£ af , l appreciate stafi recognizing that an error was made and ad ·tt·ng it. mean, tna' 's 99 pe cent of everything working smootBl~ is if wi e make mistakes , we need to own up on them and ee>Hect di em ut I will say, th'i s; -was a failure 0f communication. The County ttomey r i esent the County Commission. The County Commissi tl n voted to ao the ppeal. And I don't often criticize anybody on staff --an ti I'm not criticizing Mr. Klatzkow now. But I will say that Hen the , oard takes an action like that, I think it's incumbent upon tli e e oHnty Attorney to make sure that our decisions are followed through properly. I appreciate you saying that it was your fault and you missed the deadline, but I think there should have been some communication there, Mr. Klatzkow, in terms of -- MR. KLATZKOW: We will file all further appeals ourselves , my office. Page 140 Page 170 of 3899 September 10, 2024 COMMISSIONER SAUNDERS: Yeah. If that's -- MR. KLATZKOW: I will take care of that. COMMISSIONER McDANIEL: And if I might add, any action that this board takes, I would like for your office to ensure that it is adhered to within the parameters of the law, not just appeals. MR. KLATZKOW: We will take care 0f -- COMMISSIONER McDANIEL: Any ae ion. MR. KLATZKOW: We will take care 0f the advertisements and everything else, yes. COMMISSIONER McDANIEL : And I'm ot --and, again, Mr. Bosi, I concur with Commissioner Saunders. asn't looking --and I'm not looking to tlirow an:¼oody unde the bus here. I just --we were very specific with the ime frames that w had available, and I don't want lr s to happen twice. The more --and necessarily, more imp0rfantly, the ordinance fix that you brought into place to not allow a e-ircu tance like this --because th€ othe F side of this 1s our Building Code, our Land Development Cod has setback requirements, and someone abused those setbaek equi'r~ments, t 0k advantage of our setback requirements, utilized Rr0perty that no one else is legally allowed to utilize and I don't --I peFsonally do 't think that sufficient pressure was pu u on that gentleman that took advantage of that circumstance for an alternative metBoaology to cure the issue. He coulo Ye gone and bought property around him. It would have been far more €XP,€nsive than someone granting him an --or granting him a variance or us having to appeal the variance request, but there are other ways for that rectification to transpire. ( Commissioner Saunders left the boardroom for the remainder of the meeting.) COMMISSIONER McDANIEL: But thank you for --thank you for owning up, and at least we --hopefully we've got the Page 141 Page 171 of 3899 September 10, 2024 circumstances under control. My second issue, Mr. French, I see you standing up there. Come on up to the podium. This falls in line with Commissioner Saunders' circumstance with the lady that has the dogs running around that hasn't done anything. This falls in line with our placing iens on properties and not looking for adherence to the violations t at have transpired. How many times have you gone ot staf gone to the commercial construction that's going on at MercatQ'/- MR. FRENCH: I went and N"'is·ted myself a week and a half ago, sir, and we've had two visit s-; I believe, outside o F that, today and then earlier where we were working with an licensed CQntractor working -- COMMISSIONER Mc ID eginning, it was an unlicensed contractor. MR. FRENe H: ~ ep. COMMISSleJ NER McDANl2L: Tll en they got somebody to sign on that's theo etical \Y egal, and then they were working outside --these peoP-e were cloing construction work at 2 and 3 in the morning in Mercato, and they were tH@re again last night at 2:30 in the morning, wor ing. Ancl we've put a stop work order on this job at least l'ln e. And SQ 'm publiclyi stating I'm done with this. I --it is inconceivable o me that someone can just thumb their nose at the authority for regMiating the quiet enjoyment of the people that live in those --in those residences above. I understand why they're doing what they're doing. They're not wanting to interrupt the commercial activities that are going on on the first floor, but they're disrupting the lives of the residents that live in the building. They were there again last night after we've already been there. Page 142 Page 172 of 3899 September 10, 2024 So what can we do to discontinue --we don't --again, we don't have time to have somebody sit in front of that building 24 hours a day, seven days a week. What can we do to stop this? MR. FRENCH: So, Commissioner, again, for the record, Jamie French, your department head for Community Development and Growth Management. This particular case, we would consider t 1s a willful licensing violation. Unfortunately, this is a --altlfough it's a Florida state-licensed general contractor, the r reside 1n h exas, so --which is not unheard of because many people move around the country, and they can get reciprocal licensing. We would have to tum this in 0 he DElPR. We ~a file a local --a local fine against the contracto , but we would be working with the State of Florida o , this. And we can issue a stop work order to stop all activities anhl t equire them t@ come in and meet with the building official so that we fi ave determine cl timelines. And just o ou a so know, ·s from MF. Bosi to Ms. Cook to Mr. Sposito and tfi en Mr <C lum, our uilding official, deputy building official, there is a ve ry. solio coordin ted effort. What was brought to you today addresses tn is typ -of th ing, and you are dead-on correct when ¥.tlll say that --how d0 we control this? And not control it --or how do we best man~e it s~ that we can --we can constantly protect the quiet enjo xment 0£ communities. There's a lot of legislative movement, and that's one of the reasons --whetRe it' j st setback, whether it's out-of-town contractors that we't e seeing at the legislative level, or these changes are coming at last minute. And so this last move for the Building Code, that will clean up --that's why we addressed it through the Building Code and not through the Land Development Code. That law did exist in 2009. In this particular case, with state-licensed contractors, it is very Page 143 Page 173 of 3899 September 10 , 2024 difficult to, for lack of a better term, hit them in the wallet other than stopping the job. COMMISSIONER McDANIEL: And that's my request. I filed two previous complaints, and now I have another complaint to file. MR. FRENCH: There's a -- COMMISSIONER McDANIEL: se --this --these folks are just thumbing their nose at us a ng on and doing whatever they want to do and absolutely fum ing the lives of these people upside down. So my vot top the wo F -- CO MMIS SI ONER LoCAS . Stop, yea COMMISSIONER McDANIB plete , d then --and that will hit them in the pe,c:ketbook. ant to get somebody's attention, stop the work com letel an req_u • re adherence to the hours of operation. It's ad 't e wanting to work after hours and put as many 11 eop ,. in fact, can, but they're --it's a classic exam le. Sheriffs not sitting there, everybo n with -- MR. FREN C , correct, sir. e OMMISSI . And so -- MR. FRENC € ci"d issue a stop work order, and we identified their hour o work. COM ISSIONBR McDANIEL: Right. MR. FRENCH: as there. It was posted. I had conversations witR both their site superintendents. COMMISSION ER McDANIEL: I don't know, can I --I don't know if it's appropriate for me to call and shut them down here, at this venue, but -- MR. FRENCH: I'll be happy to do it, sir. I've already given staff direction to do so. COMMISSIONER McDANIEL: Okay. Page 144 Page 174 of 3899 September 10, 2024 COMMISSIONER LoCASTRO: There you go. COMMISSIONER McDANIEL: So moved. CHAIRMAN HALL: Boom. COMMISSIONER McDANIEL: That's all. CHAIRMAN HALL: Commissioner Locastro. COMMISSIONER LoCASTRO: I just wanted to give you a little update. The gentleman that came to die podium and talked about Victoria Falls and nobody's doing an~thing, that's a Habitat for Humanity neighborhood. At the firs ,t break -fl st of all, I followed him out and gave him my card and s i I never lieaid from him, never heard from anyone. Then I contacted Lisa Lefkow who run abit manity. She knows who this gent eman is. I m oing to o her in more detail, but I thought 11 in the gap of, you know, somebody comes to s, "Nobody cares about the communit " they • ty actually is a really great one, an 'H fi.~llo ngs. I thought I would just --• U$t for a gee whiz. I always • a lighter note, right? So I have e)Ut 'Qu s, right? We've got an outsiti o's j 1 of Fame." It's Ms. Trinity Scott. I'll give ~ou the short version. So we had a meeting in the conference ro0m. We have some issues with some water that's draining, and it's rai ing onto other people's property and crossing over lines and what110t. And I just thought you-all would appreciate this. So we've got a group. They're all not happy. Everybody's area's flooding. It's all of our faults. And she's trying to be as --she is being as professional as possible. But a gentleman basically says, "Hey, when the water comes down the swale, you know, then it goes, basically, on my Page 145 Page 175 of 3899 September 10, 2024 property, totally, you guys have to do something about it." And so, to make a long story short, the quote she had, similar to, you know, "If we build a cell tower taller, that means it's higher," right? She says to this gentleman, "Sir, when the water flows down the swale and then it hits that property line, it just doesn't miraculously evaporate. It keeps rolling." 1'ou sort of had to be there, but I wanted to just sort of mention th:at But more as a positive shout-out, '"Crinit , ·ust in the last couple weeks, has really been in some big meetings i me with unhappy citizens, whether it was 6L Farms or His drainage issue that we have by Fiddler's. So although I mak:e light of, you know, she's in there very professional and has a great, yl'lu know, ersonal ~ --and she didn't off end anybody witJi that comment. :e:verybody so i;t of chuckled a little and said, ' ~eafi , we understand." But, Trinity, thanks so muc fi :or the time that you've taken. I mean, we sat in some of those meetings fo i hours and then got really positive notes from pe Rle showing that we really did care. So thank you for that. I have no I oubt we'll work out the 6L Farms issue and the private reads. Just so y0u know, a lady that was ·n this room sent kind of a very str0ng note oasically, reiterating, "Why don't you just bring us truckloads of grave l. ' And en you'll see I replied to that e-mail. I put all the ()ifi;zens on 11 who we've been working with and basically reiterated what we said in here. I think maybe she left early or whatnot, but anyway . I thought I would just add a little bit of levity to --you know, you're in the Hall of Fame in the quotes. Like I said, you kind of had to be there, but most importantly, from all of us, you know, thanks for all you're doing for leading the charge on a lot of big issues. That's all I've got. COMMISSIONER KOWAL: Sorry, but I might be scarred a Page 146 Page 176 of 3899 September 10 , 2024 little bit, because I'm still trying to get that visual of him in the skirt out of my mind. COMMISSIONER McDANIEL: It was one technical error. COMMISSIONER LoCASTRO: I've sent a note to HR. COMMISSIONER KOWAL: I would have. I definitely would have. CHAIRMAN HALL: I have noth· we're adjourned. ****Commissioner moved Saun eFs, seconded by 6:ommissioner Kowal and carried that the following items under the consent and summary agendas be app oved and/ or adoP.ted * * * * Item #16Al FINAL ACC TER AND SEWER UTI ES D ACCEPT THE CONVEY:AN 10 E THE POTABLE WATER A SBW~ PPURTENANT UTILITY EA ENT B EAST GOLF CLUB, PL2024Q0Q1277. IG ) -STAFF CONDUCTED A FINAL INSPECTION O , 024, AND THESE FACILITIES HAVE BEE BE SATISFACTORY AND ACCEPTABL Item #16A2 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR HAMMOCK PARK -PHASE 3, PL20240005317. (DISTRICT 1) -STAFF CONDUCTED A FINAL INSPECTION ON JULY 3, Page 147 Page 177 of 3899 September 10, 2024 2024, AND THESE FACILITIES HA VE BEEN FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 RECORDING THE MINOR FINAL PLAT O CA YMAS REPLAT LOTS 131-181, APPLICATION NUMBER P.E 20240007976. (DISTRICT 1) -LOCATED IN SECTI Q)N 1 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIE~ eo hY, FLORIDA Item #16A4 RESOLUTION 2024-160: J\ RESOLtlTIO ,-SCHEDUe ING A PUBLIC HEARING TO CO SIQER VAC~TING THE 10- FOOT-WIDE PUBLIC ROAD R GfFf-OF-~y EASEMENT OVER THE WE8TE~ Y 10 RIS ET OF TRAC'1' ~-1, AS DESCRIBED OFFICI L REC 0 B e> 1476, PAGE 242, OF THE PUBLIC R£CS ORDS OF COLLIER COUNTY, FLORIDA, LOCAT B APPR6l IMA E-1,Y 2,000 FEET SOUTH OF IMM©KA:C~E RQArl (~R-82t6~ J\-NQ 1,000 FEET WEST OF RICH S ST~EJ' IN SECTIO' 25, TOWNSHIP 48 SOUTH, RANG 20 EAST, CS:OLLIER COUNTY, FLORIDA. PL20230007642 DISTRICT 3 Item #16A5 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $42,880, WHICH WAS POSTED AS A GUARANTY FOR COMP ANION EXCAVATION PERMIT PL20200002297, FOR WORK ASSOCIATED WITH THE MAJESTIC PLACE PPL, PL20190001615. (DISTRICT 1)-THE Page 148 Page 178 of 3899 September 10, 2024 LAKE WAS INSPECTED ON JULY 25, 2024, BY THE DEVELOPMENT REVIEW DIVISION Item #16A6 ADVERTISE AN ORDINANCE AMENDINQ ARTICLE IV, SECTION 22 -110, "EXCAVATION RE V EW PROCEDURES," OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY AND BRING BACK TH ClRDIN iW CE AT AN ADVERTISED PUBLIC HEARING. (ALL DIS '(,&ICTS) Item #16A7 ADVERTISE AN ORD AMEN'QING ORDINANCE 2023- 64, WHICH ADOPTED DING CODE, EIGHTH ED , B ~IN AMENDME ~CKTHE ~RDINANCEATAN ADVERTIS LL DISTRICTS) AN AG EMENT FOR SkL AND PURCHASE UNDER THE CONSERV~TJON C O) LIER LAND ACQUISITION PROGRAM WITH 1) CINDA LU CASSITY FOR A 1.59-ACRE PARCEL AT A COST OF $46,1 ; ~) , OLLISTER A. DINWIDDIE, AS A TRUSTEE OF THE 1\MENDED AND RESTATED JAMES F. DINWIDDIE REVOCABLE TRUST ("DINWIDDIE TRUST") FOR A 1.14-ACRE PARCEL AT A COST OF $33,060; 3) JAMES CATANIA AND STEPHANIE AVIDANO FOR A 1.14-ACRE PARCEL AT A COST OF $30,320; AND 4) WITH GERALD W. ERICKSON FOR A 1.14-ACRE PARCEL AT A COST OF $24,910, Page 149 Page 179 of 3899 September 10 , 2024 FOR A TOTAL COST NOT TO EXCEED $140,600 INCLUSIVE OF CLOSING COSTS. (DISTRICT 5) Item #16A9 THE BOARD OF COUNTY COMMISSION~RS TO REVIEW AND APPROVE THE PROPOSED TEMP'OR1\RY USE (SPECIAL EVENT) PERMIT FOR THE LEGENDS Cr> CERT SERIES PROPOSED FOR THE PARADISE ~6>AST SPORTS COMPLEX FROM NOVEMBER 1, 2024, THROU GH MA ], 2025, LOCATED AT 3920 CITY GA'F E BLVD S. NAP h ES, FL 34117, IN SECTION 35, TOWNSHIP 49 S UTH -NGE 2'6 EAST, COLLIER COUNTY, FLORIDA. [P 2 0240009788] (D S~RICT 1, DISTRICT 3 DISTRICT 5 Item #16A10 THE RELEAS ENT LIENS WITH AN AC CR-B ED , , FOR A REDUCED PA i f)E Q N E ENFORCEMENT ACTION TIT BOARD CtJ MMISSIONERS VS. JEFFREY M. STO AND ARDS , RELATING TO PROPERT¥ LO ATE MOON BAY ST., COLLIER COUNTY, Fb !STRICT 1) Item # 16B 1 (Move li-to Item # 11 C, Per Agenda Change Sheet) Item # 16B2 ( Continue to a Future BCC Meeting) AN AGREEMENT FOR THE PURCHASE OF AN UNIMPROVED TRACT OF LAND (PARCEL 154FEE) REQUIRED FOR THE Page 150 Page 180 of 3899 September 10, 2024 LAKE KELLY WEIR STORMW ATER PROJECT (PROJECT NO. 50310). ESTIMATED FISCAL IMPACT: $222,000. (DISTRICT 4) Item #16B3 AN AFTER-THE-FACT PAYMENT IN TH~ MOUNT OF $15,066.59 TO COASTAL CONCRETE BRODUCTS, LLC, D/B/A COASTAL SITE DEVELOPMENT, FQR :rHE COMPLETED "PALMETTO DUNES STORMW A,~E;R M k ~GEMENT IMPROVEMENTS" PROJECT f DER AGRE'EMENT NO. 20- 7800, "UNDERGROUND CON 'f:ruA CTOR SERVICRS". PROJECT NO. 60224 . ALL DIS {~ICTS Item #16B4 AW ARD INVI'I~TIGN T -8234, "COLLIER COUNTY D ~<9-RATIO -2024," TO EARTHBAL ORRORA 'I'ION IN THE AMOUNT OF $1,284,920.4 0 AIRMAN TO SIGN THE AGREEMEN -I~E)ING THAT THIS ITEM PROM TES JECT NO. 33870) (DISTRICT 4) AW ARD CON q'NJ C:Y ION INVITATION TO BID ("ITB") NO. 24-8218, "EVER ~ATIES BOULEVARD AT 43RD AVE. NE INTERSECTION IMPROVEMENTS," TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $3,224,803.16, PROVIDE FORAN OWNER'S ALLOWANCE OF $100,000.00 FOR POTENTIAL UNFORESEEN CONDITIONS, AND THAT THE BOARD AUTHORIZES THE CHAIR TO SIGN THE Page 151 Page 181 of 3899 September 10, 2024 ATTACHED AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (PROJECT NO. 60256) (DISTRICT 5) Item #16B6 CHANGE ORDER NO. 1 FOR THE "CARSQN ROAD STORMW ATER TREATMENT ARE ~~, UNDER AGREEMENT NO. 23-8114 WITH QUALITY ENJ;ERP RIS£ USA, INC., TO UTILIZE $9,798.30 OF THE OWNE/R'S ALLO NCE TO ADDRESS NEW SOUTH FLORIB A WATER MA ~GEMENT DISTRICT PERMIT REQUIREME S AN AUT ORIZE THE CHAIRMAN TO SIGN 'PR ATTAC ED CHANGE O&DER. PROJECT NO. 60143 Drsq: ICT 5 Item #16B7 . 4-8240, "FLORIJ<.AN NE FERTILIZERS," TO HO F HEMI ~~L COMP ANY, LLC, AND AU IZE @PEN S'TANDARD COUNTY PUR RDE ISTRICTS) Item #16Cl AWARD INVITA'FI<1 N TO BID ("ITB") NO. 24-8239, "REHABILITATION OF PUMP STATION 309.18" TO ANDREW SITE WORK, LLC, IN THE AMOUNT OF $1,253,850, APPROVE AN OWNER'S ALLOWANCE OF $100,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NO. 70240) (DISTRICT 4) Page 152 Page 182 of 3899 September 10 , 2024 Item #16C2 AWARD INVITATION TO BID ("ITB") NO. 24-8235, "SOUTH COUNTY WATER RECLAMATION FACILITY (SCWRF) AERATION BASINS DIFFUSER SYSTEM REPLACEMENT PHASE 1," TO RAZORBACK, LLC, IN THE AMOUNT OF $1,249,340, APPROVE THE OWNER'S ~LL OWANCE OF $124,934, AUTHORIZE THE CHAIRM'.A N O SIGN THE ATTACHED AGREEMENT, AND APPRO ¥ l'HE NECESSARY BUDGET AMENDMENTS. PRQ) ECT NO. 701 21:8 . DISTRICT 1 Item # 16D 1 (Moved to Item # 11 D, i?ei Ag~n oa Change Sheet) Item #16D3 THE CHAIRMA O SI N SI JC (6) U.S . HOUSING AND URBAN BE~ELO EME E;Q M ITY DEVELOPMENT BLO e flID\~~ SUBR'ECIP E: ~ CiRANT AGREEMENTS BETWEEN COI.J ~JER COlJNTY ~ND THE FOLLOWING ENTITIES TO SUP RORT fN RASTRUCTURE AND PUBLIC SERVICE ~ TIVITIRS: (1) COLLIER COUNTY COMMUNITY REDEVELO P~ENT AffiENCY (IMMOKALEE) ($1,001,371) (COMPANIO q'(9 l~ltM 16Ll); (2) IMMOKALEE WATER AND SEWER ($1,263,008 ~; (3) SUNRISE COMMUNITY ($139,000); (4) HOUSING DEVELOPMENT CORPORATION INC., D/B/A HELP ($117,195); (5) PATHWAYS EARLY EDUCATION CENTER ($75,000), (6) BAKER SENIOR CENTER NAPLES ($55,000). (HOUSING GRANT FUND 1835) (ALL DISTRICTS) Page 153 Page 183 of 3899 September 10, 2024 Item #16D4 THE CHAIRMAN TO SIGN A COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT #PS22-05 BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION INC., D J.BIA HELP IN THE AMOUNT OF $69,000 FOR HOUSING ND'FINANCIAL COUNSELING SERVICES. (GRANT FlTh/~5, CDBG PROJECT NO. 33823) (ALL Item #16D5 THE ELECTRONIC SU · I TALOR T SENIOR VOLUNTEER PR<O Q M 2025-2 026 CONTINUATION APPLICATION TO AMERICO!tBS SENIORS IN THE AMOUNT OF $107,150 A D A:n LOW 'F HE CQUN~Y M NAGER OR THEIR DESI<rrN · T(S) SERVE AS 'F HE i\U HORIZED REPRESENTA'F l\{E FO~ THE Ci NTOR'S ELECTRONIC SUBMISSI0N SYST~M, EGRANT.S, THROUGHOUT THE GRAN PERIOD (HQ SIN G~NT FUND 1835 AND HO SI ~G MAT CSH FUND 1836) (J\LL DISTRICTS) APPROVE SER"\l l S OR SENIORS, AFTER-THE-FACT FIRST AMENDMENT (0~1\ 203.24.01) OF THE FY24 OLDER AMERICANS ACT TITLE III WITH THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC., TO INCREASE THE CONTRACT AMOUNT BY $1,362,231.23 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (HUMAN SERVICES GRANT FUND 1837) (DISTRICT 1) Page 154 Page 184 of 3899 September 10 , 2024 Item #16D7 THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ANNUAL REPORT AND AUTHORIZE THE COUNTY MANAGER, OR HER DESIGNEE , TO SIGN THE LOCAL HOUSING INCENTIVE CERTIRIC X TION FOR CLOSEOUT FISCAL YEAR 2021/202 2 , 'f-E RIM FOR FISCAL YEAR 2022/2023 , AND AUTHORI ZE :fHE E~ECTRONIC SUBMISSION TO THE FLORIDA OUSING E ANCE CORPORATION TO ENSURE C0 MPLIANCE W I'F H PROGRAM REQUIREMENTS. (SHIP GRAN 'F UND 053) (A L DISTRICTS) Item #16D8 RESTRICTE ON DONORS IN THE AMOUNT O T NEFIT OF THE COLLIER COUNT.:¥ P A O AUTHORIZE THE NE • MENTS. (ALL DISTRICTS) "-7 THREE (3) '~P ~ER-, HE-FACT" AGREEMENTS AND ATTESTATION 1\T,EMENTS BETWEEN COLLIER COUNTY AND TPI E AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE FOR THE ELDERLY CCE #HC024 203 .24, ALZHEIMER'S DISEASE INITIATIVE #HZ024 ADI 203.24 , AND HOME CARE FOR THE ELDERLY #HH024 HCE 203.24 GRANT PROGRAMS IN SUPPORT OF THE COLLIER COUNTY SERVICES FOR Page 155 Page 185 of 3899 September 10 , 2024 SENIORS PROGRAM AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF $393,007.26 TO ENSURE CONTINUOUS FUNDING FOR FY2024/2025. (HUMAN SERVICES GRANT FUND 1837) (ALL DISTRICTS) Item #16D10 THE CHAIRMAN TO SIGN THE EMBRQ13 CY SOLUTIONS GRANT SUBRECIPIENT AGREEMEN'T #15 S2J-01 BETWEEN THE COLLIER COUNTY BOA @F COUN~ COMMISSIONERS AND THE HELTER FOR ~BN SED WOMEN & CHILDREN, INC., T SUPP 0 I SHEI:,~ER OPERATIONS AND PERS QNNEL ~A ~ARIES IN TH AMOUNT OF $117,401. (H cl USING GRkNT FUND 1835, PROJECT NO. 33917) (AL DI q:RJCTS) Item #16Dl 1 RESOL1JT I8 N 20 2 -161: A RES Q1.UTION TO AUTHORIZE CONlf I tTED PA TIC IP AT ft)N ~HE LOCAL PROVIDER PAR"C I ~IPATION PUNB FOR THE DIRECTED PAYMENT PROG~M AND GID\.DU~~E MEDICAL EDUCATION PROGRAM W HICH MtU LL BE SOLELY FUNDED BY ASSESSMEN ON €'.OLLIER COUNTY HOSPITAL-OWNED PROPERTY OR PR BERTY USED AS A HOSPITAL IN AN AMOUNT NOT T 6l EXCEED $12,654 ,900, AND AUTHORIZE THE COUNTY MANAGER TO SIGN THE DIRECTED PROVIDER PAYMENT LETTER OF AGREEMENT IN THE AMOUNT OF $10 ,141,128 AND THE FORTHCOMING GRADUATE MEDICAL EDUCATION PROGRAM LETTER OF AGREEMENT IN AN ESTIMATED AMOUNT OF $2,786,495 Page 156 Page 186 of 3899 September 10, 2024 WITH THE AGENCY FOR HEAL TH CARE ADMINISTRATION FOR AN ESTIMATED TOTAL NOT TO EXCEED $13,194,849 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) Item #16El THE COUNTY MANAGER OR DESI 0 E TO SIGN AGREEMENTS AND MAKE PURQ ~SE , ~§;SOCIATED WITH THE PROCUREMENT O G 0 0DS OR RVICES FROM VENDORS WHO HA VE BEEN ARDED A CQNT RACT, AS A RESULT OF A COMPETITIVE S ~ECTI,eJN PROCE9S, BY A FEDERAL, STATE, OR ~ICIP Ah 50WERNMEN1\ OR ANY OTHER GOVERNMENT A6ENC , QLITICAL SUBDIVISION, OR GOVE NM~Nq::-RE ¼\1:-ED ASSOCIATION PROVIDED TH.A:T THE ORIGINA'DIN6 EN"b TY UTILIZED A COMPETITIVE · 'R0 6 SS SI N1I ld~R TO CtlLLIER COUNTY'S. IN ADDITION ~Q THE AGENOIES AND POLITICAL SUBDI\lISIQNS f@JjNTIEIE;lJ ABOVE, THE COUNTY MAN1\GER: 0R QESIGNEE IS ~lJ'FHORIZED TO UTILIZE COO BRA TIVE 6 REEMENTS ~V AILABLE FROM OMNIA PARTNER , NASPO VA~UEPOINT, HGACBUY, AND SOURCEW~LL FOR EFFICIENT PURCHASING WITH NO FURTHER ~C'h ION IBtf THE BOARD IF THE OPERATING DIVISIONS H~ E BU,DGETED FOR THE GOODS AND/OR SERVICES. (ALL ISTRICTS) Item #16E2 THE CHAIRMAN TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DIVISION OF Page 157 Page 187 of 3899 September 10, 2024 EMERGENCY MANAGEMENT AND COLLIER COUNTY TO ACCEPT AND HOUSE A RETIRED TRAVEL TRAILER FOR TEMPORARY RESPONDER CREW QUARTERS FOLLOWING OR IN SUPPORT OF A DISASTER RESPONSE OR EMERGENCY. (ALL DISTRICTS) Item #16E3 THE PURCHASE OF EXCESS WORK RS COMPENSATION INSURANCE FOR FISCAL YE 2025 WITPI ARCH INSURANCE COMPANY, IN 'FHE ESTIMATED ~NNUAL AMOUNT OF $253,229. (ALL D s r RICl:S Item #16E4 THE ADMINIS'.PRAT'I Y E REPQRT PRERARED BY THE PROCUREM "' ~ ES IS>I¥ISI ISPOSAL OF PROPERTY T S NO LONGER VIABLE AND REMOVE CAPITA!:; 7\ TY'S RECORDS. (ALL DIS AN ASSUMP~ION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES, BENEEI~ , JXND OBLIGATIONS TO STANTEC CONSULTING SE&VICES, INC., CONCERNING PROFESSIONAL SERVICES LIBRARY AGREEMENT NOS. 18- 7432-CE, 18-7432-UP, 18-7432-UC, 18-7432-EV, AND 18-7432- RB. (ALL DISTRICTS) Item #16E6 Page 158 Page 188 of 3899 September 10, 2024 THE PURCHASE OF LIABILITY, AUTOMOBILE, CYBER, AND OTHER MISCELLANEOUS INSURANCE COVERAGE FOR FISCAL YEAR 2025 IN THE ESTIMATED PREMIUM OF $1,116,001.99. (ALL DISTRICTS) Item #16E7 THE ADMINISTRATIVE REPOR R EPA D BY THE PROCUREMENT SERVICES DI~ISION FOR VJ\RIOUS COUNTY DIVISIONS' AFTER-E-FACT PURG:PJ SES REQUIRING BOARD APPROV A fil A QCORDANCE WITH PROCUREMENT ORDI kNCE 201 ~-08 ~S AMEND D, AND THE PROCUREMENT M~ J\L IN TH AMOUNT OF $9 439.37. ALL DISTRIC1'S Item #16Fl THE ISSHj*NCE C)F ~ PUR6 HASE ORDER, AS MODIFIED BY NON-S 'F~N'.DARD ~QREE E 'F # z 4-021-NS, FOR AN EXP NDITURE IN :fHE AMOUNT OF $163,858.75 FOR A SOLE SOURCE RURCH~~E TO UllGRADE AN EXISTING SERVICE PLAN TO ~ WORRY,-REE SERVICE PLAN FROM ZOLL MEDICAL CQ:RPORA 1HON FOR A PERIOD OF TWO YEARS. (ALL DISTRIC "F ) Item #16F2 RESOLUTION 2024-162: A RESOLUTION AUTHORIZING THE REMOVAL OF 7,715 AMBULANCE SERVICE ACCOUNTS AND THEIR RESPECTIVE UNCOLLECTIBLE ACCOUNTS Page 159 Page 189 of 3899 September 10, 2024 RECEIVABLE BALANCES WHICH TOTAL $5,057,848.03, FROM THE ACCOUNTS RECEIVABLE OF COLLIER COUNTY FUND 4050000000 (EMERGENCY MEDICAL SERVICES) FINDING DILIGENT EFFORTS TO COLLECT HA VE BEEN EXHAUSTED AND PROVED UNSUCCESSFUL. (ALL DISTRICTS) Item #16F3 THE CHAIRMAN TO EXECUTR TWO AGRBEMENTS ON BEHALF OF COLLIER COUN T¥ WITH DAVID I:~ WRENCE MENTAL HEALTH CENTER, IN ., AND {S OLLIE HEALTH SERVICES, INC., D/B/A -~ALTHC~RE NETWORK REGARDING TREATMEN$ O R OPIOID USE DISORDER FOR COLLIER COUNTY EME , OENCY. EDIC ~L SERVICES TO WORK COOPE TI V.:EL Y l:fH HESE ~QENCIES TO PROVIDE TI EE Y k ~ESS "C~ ED CJ\ ION, PREVENTION, AND MEDICA C9 -ASSISTED-'N REATMENT (MAT) (ALL DISTRIG :f Sj AFTER-THE~ ACT R~~ME ' T TO MILES PARTNERSHIP, LLLP, FOR W~B EN NCEMENT PROJECTS IN THE TOTAL AMOUNT OF ~5,151 ~ND MAKE A FINDING THAT THE EXPENDITURE PR MOTES TOURISM. (ALL DISTRICTS) Item #16F5 AFTER-THE-FACT PAYMENT IN THE AMOUNT OF Page 160 Page 190 of 3899 September 10, 2024 $188,861.73 TO ADVANCED ROOFING, INC., FOR THE GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ("GMCDD") ANNEX AND STAIR TOWER ROOFS PROJECT UNDER AGREEMENT NO. 19-7539, ROOFING REPLACEMENT CONTRACTORS, AND FIND THIS EXPENDITURE HAS AV ALID PUBLIC PIJRPOSE. (DISTRICT 4) Item #16F6 AFTER-THE-FACT PAYMEN~ IN THE AMOUNT OF $93,403.45 TO ADVANCE ROOFING, INC., THE COLLIE OUNTY SHERIFF'S OFFICE BU 9ING J2 G REPL MENT PROJECT UNDER AGRB 39, ROOFING REPLACEMENT NT THIS EXPENDITU OSE. (DISTRICT 4) RATIFY CHANGE OimER NO. 8, ADDING TEN DAYS TO THE SUBST j\N IAL COMPLE ~ QN DATE AND UTILIZING $42,329.74 OF THE OWNER'S ALLOWANCE FOR PURCHASE ORDER NO. 5Q0229,8 'Z 8, UNDER AGREEMENT NO. 21-7883-ST WITH O-A-K/F:h R1D 2\, INC., D/B/A OWEN-AMES-KIMBALL COMPANY, FOR ~M E MAIN CAMPUS UPGRADES, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDERS. (PROJECT NO. 50214) (DISTRICT 4) Item #16F8 Page 161 Page 191 of 3899 September 10, 2024 AUTHORIZE BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $1,711,784,500 OF UNSPENT FY 2024 CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL YEAR 2025. (ALL DISTRICTS) Item #16F9 RESOLUTION 2024-163: A RESOLLYf N APPROVING AMENDMENTS (APPROPRIATIN <JRAN S~ DONATIONS, CONTRIBUTIONS, OR INSU NGE PROCE~BS) TO THE FISCAL YEAR 2023-24 ADOP 'i:EO BUDGET. (T E BUDGET AMENDMENTS IN THE ATTAC ~D RRSOLUTIO HAVE BEEN REVIEWED AND AR PROVEQ E Y, HE BOARD OF COUNTY COMMISSIONE S ¥IA SEP A TE EXECUTIVE SUMMARIES.) (ALL DIS RIC'F J Item #16Hl PROCLAMATI EPTEMBER 2024, AS PA I: "'kW N'FH IN COLLIER COUNTY. TH CLAM N :\M ILL BE HAND DELIVERED TO CR INZ E~ OF THE CIRCUIT COURT AND COMPT Item #161 MISCELLANEOUS CORRESPONDENCE, SEPTEMBER 10, 2024 Page 162 Page 192 of 3899 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 10, 2024 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Immokalee Water & Sewer District: FY24/25 District Board Meetings Page 193 of 3899 September 10, 2024 Item #16Jl TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PA YEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEM~NTS IN THE AMOUNT OF $33,838,579.00 WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 15, 2Q24, AND AUGUST 28, 2024, PURSUANT TO FLORIDA S~A ::YUTE 1~6.06. (ALL DISTRICTS) Item #16J2 THE BOARD APPRO ETERMINE VALID PUBLIC PURPOSE FOR INYO LE AND PURCHASING CARD TRAN R 04, 2024. (ALL DISTRICTS RE CINDY CARROLL TO THE HIS /ARC I~AL PRESERVATION BOARD (ALL DIS RM EXPIRES ON OCTOBER 1, 2025 Item #16K2 RESOLUTION 2024-165: APPOINT MICHAEL PETSCHER AS A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICT 5. (DISTRICT 5)-TERM EXPIRES ON OCTOBER 1, 2028 Page 163 Page 194 of 3899 September 10 , 2024 Item # 16K3 (Moved to Item # 12A, Per Agenda Change Sheet) Item #16K4 THE BOARD DECLINES TO AUTHORIZE THE APPLICATION FOR TAX DEEDS FOR NINE (9) COUNT -HELD TAX CERTIFICATES. (ALL DISTRICTS) Item #16K5 THE CHAIR TO EXECUTE A EMENT EEMENT IN THE LAWSUIT STYLED ARNO b D BU:&C IANTI GLORIA BURCHIANTI LIE TY B RE> OF COMMISSIONERS (CAS C NOW PENDING IN THE CIRCUIT COURT O DICIAL CIRCUIT IN A 'O ORIDA, FOR THE SUMO A ST-IP U LATED EINA:D ThI DGMENT TO SETTLE FINAL COMP15NSATION ROR TNE :.f AKING OF PARCEL 333RDUE, IN THE AMOUNT OF$ ,0 00, CLUDING STATUTORY ATTORNEY EBES ANID COSTS, AND EXPERT FEES AND COSTS, IN TH:e ~WSUIT STYLED COLLIER COUNTY V. PRISCILLA DIAS, ET AL, CASE NO. 16-CA-1393, REQUIRED FOR THE GOLDEN GATE BOULEY ARD EXPANSION PROJECT NO. 60145. (ALL DISTRICTS) Item #16Ll Page 164 Page 195 of 3899 September 10 , 2024 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE A SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $1,001,371 FOR THE CONS RUCTION OF THE FIRST STREET CORRIDOR PEDESTRI~ SAFETY IMPROVEMENT PROJECT IN IMMOKA EE, AUTHORIZE THE CHAIRMAN OF THE CRA TO SIGN q; E SUBRECIPIENT AGREEMENT, AND AUTHORIZ NECESS ~R\<: BUDGETS AMENDMENTS (PROJECT N 6l . 33831). (COMP ~NJON TO ITEM #16D3 DISTRICT 5 Item #16L3 THE BOARD O ~OUN1fY COMN1ISSIONERS, ACTING AS THE COMMUNIT REDE V'liLOP,MENT AGENCY, AUT ORTZ NECESS ~RY U1'GEi f AMENDMENTS TO REC Q6NIZE Ck YF Q~W ARD IN BA YSHORE CRA FUND (1020) ~ND IMMO LE RA FUND (1025), TRANSFER THOSE MONEYS AliONG WITH RESERVE BALANCES INTO BAYSHORE CRA C PITAL FUND (1021) AND IMMOKALEE CRA CAPITAI.: FNND (1026), AND APPROPRIATE THOSE FUNDS INTO SPECIFIC PROJECTS PURSUANT TO THE COMMUNITY REDEVELOPMENT PLAN. (DISTRICT 4, DISTRICT 5) Item #17A Page 165 Page 196 of 3899 September 10 , 2024 RESOLUTION 2024-166 AND RESOLUTION 2024-167: RESOLUTIONS APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON-ADV ALOREM ASSESSMENT ROLLS FOR THE PURPOSE OF UTILIZING THE UNIFORM METHOD OF COLLECTION PYRSUANT TO SECTION 197.3632, FLORIDA STATUTES ~ FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS,. SERVICE DISTRICT NO. I AND SERVICE DISTRICT N Q . II, SPE IAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIA ROPERTIES WITHIN THE UNINCORPORA D AREA OF CO~LIER COUNTY, THE CITY OF MARC 6l ISLAND, AND ~HE CITY OF EVERGLADES CITY , P 1t SUANT 'b O C0 LIER CO NN TY ORDINANCE 2005-54, ~S ~ RNDED. REVENUES ARE ANTICIPATED TO BE $36,088,800. (AL DISTRICTS) Item #17B ORDINAN GE 202:4-31: ZONING ORDINANCE FOR ELANT Q Jtr NJ\PL E~ RPUD ~C) g ~LOW UP TO 309 HORI ONTAL DLTI'R MIL Y WELLING UNITS, SUBJECT TO AN ~ FORDAB DE H 6>D SING DENSITY BONUS AGREEM N:f TO PROYIDE 10% OF THE UNITS (31 UNITS) FOR HOUSE @LDS EARNING UP TO AND INCLUDING 50% OF THE COUN'f~' , ~REA MEDIAN INCOME (AMI), ON 51.83± ACRES OP BROPERTY LOCATED APPROXIMATELY 0.25 MILES EAST OF GREENWAY ROAD ON THE NORTH SIDE OF TAMIAMI TRAIL EAST, WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20220005665) (DISTRICT 1) Page 166 Page 197 of 3899 September 10, 2024 Item #17C ORDINANCE 2024-32: THE CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE THAT REPEALS, CONSOLIDATES, AND SUPERSEDES EXISTING ORDINANCES RELATING TO THE REGULATION OF AND CONDUCT ON COLLIER COUNTY W ~ERW A YS AND BEACHES. (ALL DISTRICTS) Item #17D ORDINANCE 2024-33: A REZON G ORDINAN<S E OR THE IMMOKALEE ONE-ST @ PUD T 0 A ~ow CONS ~RUCTION OF A MAXIMUM OF 40, 00 S.R. OF GR~SS FLOOR AREA OF LIMITED COMMERCIAL ANB USES A"N UP TO 61 MULTI- FAMILY RESIDENTli\.L D~ LL · G tJNITS G>N 3.84± ACRES OF PROPER Y OCATED A1' 780 8. 5TM STREET, IMMOKALEE, QN THIE JEAST SII9E OF THE INTERSECTION OF STOiffiS A VE ~ND S. 5'F H S1'REET, IN SECTION 9, TOWNSHIP 4 ~ SOU~H, RANG g 9 EAST; AND BY PRO\lIQING AN F:FE <S T'IYE DitTE. [PL20230017241] DISTRIC ;r 5 Item #17E RESOLUTION 2024-168: A RESOLUTION AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, RELATING TO STAFF- INITIATED REFORMATTING AND SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAPS; THE GOLDEN GATE CITY SUB-ELEMENT OF THE GOLDEN Page 167 Page 198 of 3899 September 10 , 2024 GATE AREA MASTER PLAN ELEMENT AND MAPS; THE URBAN GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND MAPS; THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND MAPS; THE IMMOKALEE AREA MASTE, PLAN ELEMENT AND MAPS; THE CONSERVATION AND OASTAL MANAGEMENT ELEMENT; THE PO '!' ABLE WATER SUB- ELEMENT OF THE PUBLIC F AC b I~lES EI;EMENT; AND THE WASTEWATER TREATMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, AND FURTHE~ORE DIRECTING TRANSMITTAL O , RE A lvt NDMENh TO THE FLORIDA DEPARTME OF COMM R e E. PL20230017521 - GROWTH MANAGEMENT ~b~N CLEA~-UP CHANGES GMP A (ALL DISTRICTS) Page 168 Page 199 of 3899 September 10 , 2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :58 p.m. ATTEST CRYSTALK. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING EOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHRIS HA These m oard on , as ------- presented _ _____,_,______,_,_________.,...--+--or as corrected _______ _ TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRIL. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 169 Page 200 of 3899